UNIVERSITY 

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THE 
BEING  A 

COLLECTION  OB^  PRECEDENTS, 

DRAWN  EV  SOME  OF  THE 


LEADING  MEN  AT  THE  EQUITY  BAR 


CONTAINING 


^^^^^^^ 


^^^-CcC^C^ 


BiLtS   OF    EVEKY   KIND. 

WORDS    OF    COURSE  NECESSARY  TO 

ALL  KINDS  OF  PLEADINGS,  &C. 
ANSWERS. 
DEMURRERS. 
PLEAS. 
DISCLAIMERS. 


INFORMATIONS. 

PETITIONS. 

INTERROGATORIES    UPON   NUMEROUS 

AND    VARIOUS    SUBJECTS. 
ORDERS. 
AFFIDAVITS. 
DECREES. 


SELECTED 


BY  MR.  F.  VAN  HEYTHUYSEN, 

Barrister-at-Law,  and  Equity  Draftsman. 

AND  ARRANGED  SO  AS  TO  FORM 

A  COMPANION  TO  MITFORD'S  PLEADINGS. 


A  COPIOUS  DIGESTED  INDEX. 


FIRST  AMERICAN  EDITION. 


NEW-YORK : 

PUBLISHED  BY  GOULD  AND  BANKS, 

LAW   BOOKSELLERS, 

CORNER  OF  NASSAU  AND  SPRUCE  STREETS,  OPPOSITE  THE  CITY-HAL! 

AND  BY  WILLIAM  GOULD  h  Co. 

STATE-STREET,    ALBANY. 

Graiian  ^  Banh,  Printers. 
1819. 


^miifrai^A^  €^®iftMii 


CHAP.    I. 

The  formal  Parts  of  a  Bill,  and 
Observations  thereon. 

CHAP.    II. 

Words  of  course  to  a  Variety  of 

Pleadings. 
Pretences,  Charges,  and  Inquiries, 

on  nuinerous  Subjects. 

CHAP.    III. 

Observations  on  original  Bills. 
Bills  for  specific  Performances. 

by  next  of  Kin. 

far  and  against  Executors, 

for  Ship  Assurance. 

for  Partnership  Concerns. 

upo7i  Promissory  Notes. 

upon  Mortgage  Matters. 

upon  Bankrupt  Matters. 

for  Creditors. 

to  cancel  Deeds. 

for  Bond  Creditors. 

for  Infants. 

for  IJterary  Property. 


mils  for  Annuities. 

for  Dower. 

for  Legatees. 

upon  Awards. 

Observations  upon  Bills  of  Inter- 
pleader. 
Bills  of  Interpleader. 
Observations  on  Certiorari  Bills. 
Bills  of  Certiorari. 

€HAP.    IV. 

Original  Bills  not  praying  Relief. 
Bills  in  perpetuam  rei  memoriam. 
Observations  on  Bills  of  Discovery. 
Bills  of  Discovery. 

CHAP.    V. 

Bills  not  original. 
Observations  on  Bills  not  original. 
Bills  of  Supplement  and  Revivor. 
Observations  on  Cross-Bills. 
Cross-Bills. 

Bills  to  carry  Decrees  into  Exern- 
tion. 


IMU.M  II'AL    CONTENTS 
Ohnervatiuns on  Jitjoimations. 
Informations. 


CHAP.    VI. 

The  various  Defences  to  Bilb. 

Observations  on  Ansicers. 

Anstccrs. 

Observations  on  Demurrers. 

Demurrers. 

Observations  on  Fleas. 

ricas. 


CHAP.    \  II. 

Of  Interlocutory  Matters. 

Observations  on  Petitions. 

Petitions. 

Interrogatories. 

Observations  upon  Orders. 

Orders. 

Observations  tipon  Affidavits. 

Affidavits. 

Observations  upon  Decrees. 

Decrees. 


CHAPTER  1. 


or  JHE  FORMAL  PARTS  OF  A  BILL  L\  EQUITY. 


»«®«* 


THE  observations  which  precede  the  Precedents  here 
J3resented  to  the  Chancery  Draftsman,  are  not  intended 
to  enter  at  large  into  the  theory  and  practice  of  the  Court, 
but  merely  as  memoranda;  which,  it  is  hoped,  will  be 
deemed  sufficient  for  the  present  Publication. 

That  we  may,  with  facility,  become  acquainted  with  the 
nature  of  a  Bill  in  Chancery,  it  will  be  necessary  to  exhibit 
its  several  Parts  before  we  set  it  forth  in  a  perfect  state. 
We  shall  then  proceed  to  the  Words  of  Course  necessary 
to  the  various  Branches  of  Equity  Pleading. 

A  Bill  in  Equity  is  usually  divided  into  nine  Parts  : — - 
I.  The  Direction,  or  Address. — II.  The  Parties. — III.  The 
Plaintiff's  Case. — IV.  The  Charge  of  Confederacy. — ■ 
V.  The  Pretence  and  Charge. — VI.  That  Part  which  gives 
jurisdiction  to  the  Court. — VII.  The  Interrogating  Part. — 
VIII.  The  Prayer. — IX,  The  usual  Prayer  for  a  Subj)cena 
or  other  Process. 

I.  The  Address  is  the  Direction  of  a  Bill  to  the  per- 
son who  presides  over  that  Court  wherein  the  Bill  is  filed. 
In  the  High  Court  of  Chancery  this  form  is  prescribed  by 
the  person  holding  the  Great  Seal ;  so  that  it  is  varied 
upon  every  change  of  the  Custody  of  the  Seal,  or  alteration. 

o 


2  OF  Tlii:  FORMAL  PAIlTb 

in  the  style  of  the  person  to  whose  charge  it  is  committed. 
Tliis  is  also  the  case,  in  every  other  Court  of  Equity, 
upon  similar  occurrences. 

The  Dijection  of  a  Bill  in  Chancery  to  the  Lord  High  Chancellor. 

To  the  Right  Honorable  John  Lord  Eldon,  Baron  Eldon,  of  Eldon! 
in  the  County  of  Durham^  Lord  High  Chancellor  of  Great  Britain. 


The  Direction,  if  the  Seals  be  in  Commission. 
To  the  Right  Honorable  A.  B.,  C.  D.,  and  E.  F.,  Lords  Commissioners 
for  the  custody  of  the  Great  Seal  of  Great  Britain. 


The  Direction  of  a  Bill  in  the  Court  of  Exchequer. 

To  the  Right  Honorable  N.  Fansittart,  Chancellor  and  Under-trea" 
surer  of  His  Majesty's  Court  of  Exchequer  at  Westminster,  the  Honor- 
able Sir  Alexander  Thompson,  Knight,  Lord  Chief  Baron  of  the  sa77ie 
Court  J  and  the  Honorable  the  rest  of  the  Barons  there. 


The  Direction  of  a  Bill  in  Chancery  of  the  Great  Sessions. 

To  A.  B.  and  C.  D.,  Esquires,  His  Majesty's  Justices  of  the  Great 
Sessions  for  the  several  Counties  of  Carmarthen,  Pembrohc,  and  Cardigan, 
the  County  and  the  Borough  of  Carmarthen,  and  Town  and  County  of 
Haverfordwest,  humbly  complaining,  sheweth  unto  your  Lordships,  S^'c. 


The  Direction  of  a  Bill  in  the  Chancery  of  Lancaster. 

To  the  Right  Honm-able   A.  B.  Chancellor  of  the  Dutchy  and  County 
of  Lancaster,  and  one  of  His  Majesty's  Most  Honorable  Privy  Cotmcil. 


II.  In  this  section  of  a  liill  are  contained  the  names 
of  the  Parties  Complainnnts  and  their  descriptions,  in  which 
their  aljode  is  particularly  required  to  be  set  forth,  that 
the  Court  and  the  Parties  Defendants  to  the  Bill  may  know 
where  to  resort  to  compel  obedience  to  ;my  order  or  pro- 
cess of  the  Court,  and  jiarticularly  for  payment  of  any 
costs  which  may  be  awarded  against  the  Plaintiffs,  or  l© 


OF  A  BILL  IN  EQUITY.  3 

punish  any  improper  conduct  in  the  course  of  the  suit. 
J\'Jit  p.  41.  In  tliis  Book  and  others  professedly  wriiten 
upon  the  Practice  of  the  Court,  we  refer  for  the  necessary 
information  upon  this  head,  being  sensible  that  no  Practi- 
tioner is  without  them. 

Ahhougli  the  beginnins;  of  a  Bill  is  not  placed  under  a 
separate  section,  it  will  be  necessary  to  shew  the  several 
forms  to  the  Student. 

The  Beginning  of  a  Bill  in  Chancery. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator,  (or) 
OratrJx  A.  B.,  of  ,  in  the  Cotmty  of  That,  &c. 

N      The  Beginning  of  a  Bill  in  the  Exchequer.    - 

Humbly  complaining,  sheweth  unto  your  Honors,  your  Orator  (or) 
Oratrix,  &:c.  Debtor  and  Accomptant  to  His  Majesty,  as  by  the  re- 
cords of  this  honorable  Court,  or  otherwise  it  doth  or  may  appear, 
That,  &c. 


The  Beginning  of  an  Information  by  the  Attorney 
General. 

Informing,  sheweth  unto  your  Lordship  i^or)  Honors,  A.  B.,  His  M^-? 

jesty's  Attorney-General,  on  the  behalf  of  His  Majesty,  That,&c. 

The  Beginning  of  an  Information  by  the  Attorney- General, 
at  the  Relation  of  another  Person. 

Informing,  sheweth  unto  your  Lordship,  A.  B.,  His  Majesty's  Attor- 
ney-General, at  and  by  the  relation  of  G.  W.,  clerk,  rector  of  the  parish 
of  ,  in  the  county  of  ,  and  of  W.  P.  and  G.  E.,  Church- 

wardens of  the  same  parish,  on  the  behalf  of  themselves,  and  of  the 
rest  of  the  parishioners  and  inhabitants  of  the  same  parish,  That,  &c. 
IJiere  stMe  your  caseJ]  And  His  Majesty's  said  Attornoy-General,  by  the 
Relation  aforesaid,  informeth,  and  your  Orator  further  sheweth  unto  your 
Lordship,  That,  &c. 


III.  The  stating  Part  contains  the  Plaintiff's  case,  which 
ought  to  be  drawn  with  clearness  and  precision,  and  not 
in  a  loose  verbose  manner.     Deeds  and  other  matters  in 


4 


OF    THE    FORMAL    PARTS 


writins:  mii«;t  be  set  forth,  so  as  to  exhibit  that  part  on 
Avhich  the  PhwntilT's  case  may  turn;  the  other  parts  slightly 
noticed,  or  perhaps  not  at  all.  You  should  be  careful  not 
to  place  in  your  Bill  any  matter  but  that  which  is  perti- 
nent to  the  case  ;  for  if  any  part  of  it  be  impertinent,  it  will 
be  expun2;ed  by  the  Court.  To  ^uard  against  this,  a  com- 
petent knowledge  of  Conveyancing  is  highly  necessary  ;  for 
w  ithont  an  intimate  acquaintance  with  the  operative  parts 
of  a  Deed,  no  man  can  set  them  forth  in  a  succinct  and  ele- 
g;mt  manner, 

IV.  Contains  the  Charge  of  Confederacy  against  the 
persons  complained  of;  it  is  doubted  if  this  j)art  of^flTS 
Bill  is  of  any  utility.  Alii.  42.  But  a  Peer  is  never  chared 
with  combining  with  others  to  deprive  the  Plaintiff  of  his 
right.  This  part  of  the  Bill  is  very  frequently  omitted  in 
amicable  suits.     Wy.  Frac.  Reg.  63. 


The  Charge  of  Fraiul  and  Confederacy. 

But  now  so  it  is,  may  it  please  your  Lordship  (or)  Honor,  that  tlie 
faid  A.  B.,  combining  and  confederating  together  witii  the  said  C.  D., 
and  to  and  with  divers  other  persons  at  present  unknown  to  your  Orator 
(or)  Oratrix,  whose  names,  when  discovered,  your  Orator  (or)  Oratrix 
prays  may  be  herein  inserted,  and  they  made  parties  Defendants  hereto, 
with  proper  and  apt  words,  to  cliarge  them,  and  contriving  how  to  injure 
and  oppress  vour  Orator  in  tlie  premises,  sometimes  pretend,  iVc. — 
\\  hereas  your  Orator  charges  the  contrary  thereof  to  be  the  truth.  And 
that,  iVc. 


V.  If  the  Plaintiffs  are  aware  of  a  defence  which  may 
be  made,  and  have  any  matter  to  allege  which  may  avoid 
it,  the  fr(Mieral  Charge  of  Confederacy  is  usually  followed 
by  an  alh^gation,  that  the  Defendants  pretend,  or  set  up  the 
matter  of  thrir  defence,  and  by  a  charge  of  the  matter 
which  mav  be  used  to  avoid  Ft.  This  is  commonly  called 
the  riiarging  part  of  the  Bill,  and  is  sometimes  also  used  for 
the  purpose  of  obtaining  a  discovery  of  the  nature  of  the 


OF    A    BILL    IN    EQUITY.  5 

Defenchmt's  case,  or  to  put  in  issue  some  matter  which  it  is 
not  for  the  interest  of  the  Plaintiffs  to  admit ;  for  which 
purpose  the  cliarge  of  pretence  of  the  Defendant  is  held 
to  be  sufficient.  Thus,  if  a  Bill  is  filed  on  an  equitable 
ground  by  an  heir,  who  apprehends  his  ancestor  has  made 
a  will,  he  may  state  his  title  as  heir,  and  allcj^ing  the  will 
by  way  of  pretence  of  the  Defendant's  claiming  under  it, 
make  a  part  of  the  case  without  admitting  it.     Mit.  p.  43» 

Pretence  by  the  Heir,  that  an  Instrument,  made  according 
to  the  Laws  of  Scotland,  passed  cm  Estate  in  the  Island 
of  Jamaica,  though  not  executed  as  the  Law  of  that 
Island  requires,  and  charge  to  the  contrary. 

y 
And  the  said  Jane,  Countess  of  C.  pretends,  that  the  said  instrument 

of  disposition  was  a  valid  disposition  of  the  said  moiety  of  the  said 
Plantation  to  the  trusts  therein  mentioned.  And  that  upon  the  death  of 
the  said  Robert  II.  (the  person  who  made  the  disposition)  the  said  Jane, 
Countess  of  C,  and  the  other  trustees  therein  named,  or  some  oi  them, 
entered  into  the  possession  of  the  said  moiety  of  the  said  Plantation,  and 
have  since  continued  in  such  possession  upon  the  trust  of  the  said  disposi- 
tion, and  that  the  said  Jane,  Countess  of  C,  hath  received  and  retained 
only  one-third  part  of  the  profits  and  produce  of  the  said  moiety  of  the 
said  Plantation  to  her  own  use,  and  that  the  other  two-third  parts  of  the 
said  profits  and  produce  have,  from  time  to  time,  been  laid  out  in  the  pur- 
chase of  lands,  which  have  been  settled  by  deeds  of  entail,  according  to  the 

directions  of  the  said   R.  II.  in  the  said  instrument  of  disposition  : 

Whereas  your  Orator  or  Oratrix's  charge,  that  the  said  instrument  of 
disposition  being  in  its  nature  testamentary,  and  not  being  executed  and 
attested  as  is  required  by  the  Law  of  the  said  Island  of  Jamaica,  for 
passing  real  estates  thereby  devised,  was  void,  and  that  upon  the  death 
of  the  said  II.  II.  the  said  moiety  of  the  said  Plantation,  together  with 
the  buildings,  fixtures,  and  negroes  thereon,  descended  to  and  became 
vested  in  your  Oratrix,  and  the  other  daughter  of  the  said  R.  II.  as 
aforesaid  ;  and  that  if  in  truth  any  part  of  the  profit  and  produce  of  the 
said  Plantation  hath  been  applied  to  the  purchase  of  land  in  Scotland, 
and  settled  as  aforesaid,  the  same  hath  been  a  wrongful  application  of 
the  said  profits  and  produce;  and  charge  that  the  said  Defendants,  the 
Trustees,  or  some  of  them,  have  now  or  lately  had  in  their  hands  or 
power  a  very  large  sum  of  mone}'^,  which  hath  risen  from  the  profits  and 
produce  of  the  said  moiety  of  the  said  Plantation,  &c. 

J.  L, 


6  OF    THE    FORMAL    PARTS 

V'l.  Tliis  part  of  the  Bili  is  intended  to  give  jurisdiction 
of  the  suit  to  the  Court  by  a  general  averment  that  the  acts 
complained  of  are  contrary  to  equity,  and  tend  to  the  in- 
jury of  the  complainants,  and  that  they  have  no  remedy,  or 
not  a  complete  remedy,  without  the  assistance  of  the  Court; 
but  this  averment  must  be  sup])orted  by  the  case  shewn  in 
the  Bill,  from  which  it  must  be  apparent  that  the  Court 
has  jurisdiction.     MU.  p.  42. 

The  CIcntse  ivhich  gives  Cognizance  in  Equity. 

All  which  actings,  doings,  and  pretences,  are  contrary  to  equity  and 
good  conscience,  and  tend  to  the  manifest  wrong  and  injury  of  your  Ora- 
tor in  tiie  premises.  In  tender  consideration  whereof,  and  forasmuch  as 
vour  Orator  is  remediless  in  the  premises  at  and  by  the  direct  and  strict 
rules  of  the  common  law,  and  cannot  have  adequate  relief,  save  in  a 
Court  of  Equity,  where  matters  of  this  and  the  like  nature  are  pi'operly 
cognizable  and  rthevable. 


VII.  The  Bill  having  shewn  the  title  of  the  persons  com- 
plaining, and  that  the  Court  has  the  proper  jurisdiction  for 
that  purpose,  in  the  seventh  place  prays,  that  the  parties 
complained  of  may  answer  all  the  matters  contained  in  the 
former  part  of  the  Bill,  not  only  according  to  their  positive 
knowledge  of  the  facts  stated,  but  also  according  to  their 
remembrance,  to  the  information  they  may  have  received, 
and  the  belief  they  are  enabled  to  form  on  the  subject.  A 
principal  end  of  an  answer  upon  the  oath  of  the  Defend- 
ants, is  to  suj)ply  proof  of  matters  necessary  to  support  the 
case  of  the  Plaintiffs ;  and  it  is  therefore  required  of  the 
Defendants  either  to  admit  or  deny  all  the  facts  set  forth 
in  the  Bill,  with  their  attending  circumstances,  or  to  deny 
having  any  knowledge  or  information  on  tlie  subject,  or  any 
recollection  of  it,  and  also  to  declare  themselves  unable  to 
form  any  belief  concerning  it.  But  as  experience  has 
proved  that  the  substance  of  the  matters  stated  and  charged 
in  a  Bill,  may  frequently  be  made  by  answering  according 


OF   A    BILL    IN    EQUITY.  7 

to  the  letter  only,  it  has  become  a  practice  to  add  to  the 
general  requisition,  that  the  Defendants  should  answer  the 
contents  of  the  Bill,  a  repetition  by  way  of  interrogatory 
of  the  matters  most  essential  to  be  answered,  adding  to 
the  inquiry  after  each  fact,  an  inquiry  of  the  several  cir- 
cumstances which  may  be  attendant  upon  it,  and  the  varia- 
tions to  which  it  may  be  subject,  with  a  view  to  prevent 
evasion,  and  compel  a  full  answer.  This  is  commonly 
termed  the  interrogating  part  of  the  Bill ;  and  as  it  was  ori- 
ginally used  only  to  compel  a  full  answer  to  the  matters 
contained  in  the  former  part  of  the  Bill,  it  must  be  founded 
on  those  matters.  Therefore,  if  there  is  nothing  in  the 
prior  part  of  the  Bill  to  warrant  an  interrogatory,  the  De- 
fendant is  not  compellable  to  answer  it :  a  practice  neces- 
sary for  the  preservation  of  form  and  order  in  the  pleadings, 
and  particularly  to  keep  the  answer  to  the  matters,  put  in 
issue  by  the  Bill.  But  a  variety  of  questions  may  be 
founded  on  a  single  charge,  if  any  are  relevant  to  it.  Thus, 
if  a  Bill  is  filed  against  an  Executor  for  an  account  of  the 
personal  estate  of  his  Testator,  upon  the  single  charge  that 
he  has  proved  the  will,  may  be  founded  every  inquiry  which 
may  be  necessary  to  ascertain  the  amount  of  the  estate,  its 
value,  the  disposition  made  of  it,  the  situation  of  any  part 
remaining  undisposed  of,  the  debts  of  the  Testator,  and  any 
other  circumstance  leading  to  the  account  required.  Mlt.  44. 

Words  of  course  preceding  the  interrogating  Part. 

To  the  end  therefore,  that  the  said  A.  B.  and  the  rest  of  the  Con- 
federates, when  discovered,  may,  upon  their  several  and  respective  cor- 
poral oaths,  full,  true,  direct,  and  perfect  answer  make  to  all  and  singu- 
lar the  matters  hereinbefore  stated  and  cliarged,  as  fully  and  particularly 
as  if  the  same  were  hereinafter  repeated,  and  they  thereto  distinctly  in- 
terrogated :  and  that  not  only  as  to  the  best  of  their  respective  knowledge 
and  remembrance,  but  also  as  to  the  best  of  their  several  and  respective 
information,  hearsay,  and  belief;  and  more  especially  that  they  may  an- 
swer and  set  forth,  whether  (then  proceeds  the  interrogatory.) 


8  OF    TUi;    lOllMAL    PARTS 

VIII.  The  pravcr  of  relief  is  the  iie\l  part  ol'  tlie  IiilK 
ami  is  varied  aceordiug  to  the  case  made,  concluding  al- 
ways with  a  prayer  of  general  relief,  at  the  discretion  of 
the  Court.    Mit.  45. 

Prayer  for  an  Account  of  Timber  cut,  anJ  to  restrain 
Defendants  from  cutting  down  more  Timber,  or  from 
committing  any  other  Waste. 

And  that  the  said  Defendant  may  answer  the  premises,  and  that  the 
said  C.  G.  may  come  to  a  full  and  fair  account  for  the  value  of  the  tim- 
ber, and  other  trees  which  were  growing  upon  the  said  devised  premises, 
antl  which  have  been  cut  down  by  him  as  aforesaid,  your  Orator  waiving 
all  penalties  and  forfeitures  incurred  by  the  said  Defendant  by  the  com- 
mission of  such  waste,  and  being  willing  to  accept  the  single  value 
thereof;  and  that  what  may  be  found  due  from  the  said  Defendant  on 
such  account,  may  be  paid  to  or  secured  for  the  benefit  cf  your  Orator ; 
and  that  in  the  mean  time  an  injunction  may  be  awarded  by  this  honorable 
Court,  to  restrain  the  said  Defendant,  his  servants,  workmen,  or  agents, 
flom  cutting  down  any  further  timber  or  other  trees  growing  upon  the' 
said  devised  premises,  or  from  committing  any  other  waste  or  spoil 
thereon ;  and  for  further  relief. 


IX.  To  attain  all  the  ends  of  the  Bill,  it  ninthly  and 
lastly  prays,  that  process  may  issue,  requiring  the  Defendant 
to  appear  to  and  answer  the  Bill,  and  abide  the  determina^ 
tion  of  the  Coiut  on  the  subject ;  adding,  in  case  any 
Defendant  has  privilege  of  Peerage,  or  is  a  Lord  of  Par- 
liament, a  Prayer  for  a  Letter- missive  before  the  Prayer  of 
Process  ;  and  in  case  the  Attorney-General,  as  an  Officer 
of  the  Crown,  is  made  a  Defendant,  the  Bill,  instead  of 
praying  process  against  him,  prays  that  he  may  answer  it 
upon  being  attended  with  a  copy.  For  the  purpose  of  pre- 
serving property  in  dispute,  pending  a  suit,  or  to  prevent 
evasion  of  .Justice,  the  Court  cither  makers  a  special  order 
on  the  sul)j(ct,  or  issues  a  jirovisional  writ,  as  the  Writ  of 
Injunction,  to  restrain  the  Defendant  from  proceeding  at 
tlie  Common  Law  against  the  JMaintiff,  committing,  waste. 


OF  A  BILL  IN   EQUITY.  ^ 

or  doing  any  injurious  act ;  or  the  Writ  of  Ne  exeat 
regno  to  restrain  Defendant  from  avoiding  the  Plaintiff's 
demands  by  quitting  the  Kingdom ;  and  other  writs  of  a 
similar  nature.  When  a  Bill  seeks  to  obtain  the  special 
order  of  the  Court,  or  a  provisional  writ,  for  any  of  these 
Purposes,  it  is  usual  to  insert  in  it,  immediately  before  the 
prayer  of  process,  a  prayer  for  the  order,  or  particular 
writ,  which  the  case  requires  ;  and  the  bill  is  then  com- 
monly named  from  the  writ  so  prayed,  as  an  Injunction 
Bill,  or  a  Bill  for  a  Writ  of  Ne  exeat  regno.  Mit.  p.  46. 
The  Form  of  Prayer  for  those  and  similar  purposes  will  be 
found  attached  to  Bills  of  that  denomination  in  the  fol- 
lowing pages.  The  most  usual  Prayer  is  for  a  Subpcena 
to  appear  and  answer  the  Plaintiff's  allegations. 

The  Common  Prayer  for  a  Subpcena. 

•  May  it  please  your  Lordship  to  grant  unto  your  Orator  (or  Oratrix) 
Ills  Majesty's  most  gracious  Writ  of  Suhpce7ia,to  be  directed  to  tiie 
said  A.  B.,  thereby  commanding  him  at  a  certain  day  and  under  a 
certain  pain  therein  to  be  inserted,  personally  to  be  and  appear  be- 
fore your  Lordship  in  this  honourable  Court,  then  and  there  to  an- 
swer the  premises,  and  to  stand  to  and  abide  such  Order  and  De- 
cree tlierein,  as  to  your  Lordship  shall  seem  agreeable  to  e(iui.y  and 
good  conscience.     And  your  petitioner  shall  ever  pray,  &c.' 

We  have  now  set  fortli  the  several  parts  of  a  Bill ;  wc 
will  not,  however,  enumerate  the  various  kinds  of  Bills  until 
we  present  the  Draftsman  wdth  what  will  appear  in  the 
next  Chapter  which  he  will  futd  of  the  most  essential  use. 


10 


CHAPTKH  IT. 


WORDS  OF  LOLIlr^L  NECESSARY  TO  DUTEREM'  BRANCHES  OF  ECtLllT 
PLEADING —ACCOUNTS  TO  BE  TAKEN— ST ATE.MENTS.— PRETENCES. 
-CHAIWJES.— INQUIRIES— CONCLUSIONS  AND  PRAYERS. 


BEFORE  we  exliibil  tlie  necessary  ibnns  for  Chancery 
Pleading,  wliieh  we  intend  to  do  according  to  the  ar- 
rangement set  forth  in  MilfonPs  Chancenj,  it  will  be  pro- 
per to  exhibit  those  parts  which  come  under  the  head  of 
"  Words  of  Course ;"  these  the  Draftsman  w  ill  find  not 
only  useful  but  nocessar}'.  We  sliall  then  add  a  selection  of 
Pretences,  Charges,  Prayers,  kc.  which  will  be  found  equally 
useful  as  Precedents.  If  these  are  perused  by  the  Student 
with  attention,  it  will  tend  to  giAC  him  a  facility  and  ease 
in  drawing  drafts  from  the  variety  of  cases  which  may  be 
placed  before  him  for  that  purpose. 

Words  of  course  preceding  an  Ansxoer, 

The  Answer  of  A.  B.  the  Defendant,  to  the  Bill  of  Complaint 
of  C.  D.  Complainant. 
This  Defendant,  now  and  at  all  limes  lu'reaftcr  saving  and  reserving 
to  himself  all  and  all  manner  of  benefit  and  advantage  of  exception, 
that  can  or  may  be  had  or  taken  to  the  many  errors,  uncertainties,  in- 
i-ufliciencies,  and  other  imperfections  in  the  said  Comi)lainant's  said  Bifl 
of  Complaint  contained,  for  answer  tiiereto,  or  unto  so  much  thereof  as 
this  Defendant  is  advised  is  material  or  necessary  for  him  to  make  an- 
swer unto,  answerelji  and  saith,  &c. 

Concluding  Part. 

And  this  Defendant  denies  all  and  all  manner  of  unlawful  Combina- 
tion and  C'onfoderacy  wherewith  he  is  by  the  said  Bill  charged,  without 
there  is  any  other  mutter,  cause,  or  thing  in  the  Complainant's  said  Bill 
of  Complaint  contained,  material  ornecessary  for  this  Defendant  to  make 


WORDS    OF    COURSE,    &.C.  11 

answer  unto,  and  not  herein  or  hereby  well  and  siilTiciently  answered 
avoided,  traversed,  or  denied,  is  true,  to  the  knowledge  or  belief  of  this 
Defendant ;  All  which  matters  and  things  this  defendant  is  ready  and 
willing  to  aver,  maintain,  and  prove,  as  this  honorable  Court  snti 
direct  :  and  hereby  prays  to  be  hence  dismissed,  with  Ids  reasonable 
«osts  and  charges  in  his  behalf  most  wrongfully  sustained. 


Words  of  course  preceding  a  joint  Answer. 

The  joint  and  several  Answer  of  A.  C.  and  C.  D.  two  of  the 
Defendants  to  the  Bill  of  Complaint  of  E.  F.  and  G.  H. 
Complainants. 

These  defendants,  now  and  at  all  times  hereafter  saving  and  reserv- 
ing to  themselves  severally  and  respectively,  all  and  all  manner,  &c.  (as 
above,)  for  answer  thereunto,  or  unto  so  much  thereof  as  these  Defen- 
dants are  advised  is  in  anywise  material  or  necessary  for  them  to  make 
answer  unto,  these  Defendants,  each  answering  for  himself  and  herself 
and  not  the  one  for  the  other,  severally  answering,  say,  &c.  And  these 
Defendants  further  answering  in  manner  aforesaid,  say,  &c. 

IFords  of  course  preceding  an  Answer  of  Infants  by  their 

Guardians. 

The  joint  and  several  Answer  of  A.  B.  and  C.  D.  Infants, 
under  the  age  of  twenty-one  Years,  by  E.  F.  their  Guar- 
dian, two  of  the  Defendants  in  the  Bill  of  Complaint  of 
G.  and  H.  Complainants. 
The  Defendants,  now  and  at  all  times,  &c.  (as  before.)     These  Defen- 
dants, answering  respectively  by  their  said   Guardian,  severally  answer- 
ing, say,  &c.     And  tliese  Defendants  further  severally  answering  in  man- 
ner aforesaid,  say.  Sec. 

Conclusion  to  the  foregoing. 

And  these  Defendants,  in  manner  aforesaid,  say,  they  are  Infants,  the 
Defendant  A.  B.  of  the  age  of  or  thereabouts,  and  the  Defendant 

C.  D.  of  or  thereabouts  ;  and  they  submit  their  rights  and  inlerebt 

to  the  care  and  protection  of  this  honorable  Court,  without  that,  &c. 

Words  of  course  preceding  an  Answer,  where  Persons  of 
full  age  and  Infants  answering  together. 
The  joint  and  several  Answer  of  A.  B.  and  C.  D.  and  E.  F. 
and  G.  H.  Infants,  &c. 
These  Defendants,  now  and  at_  all  times,  &c.  severally  answering  for 
themselves,  say,  &c.     And  these  other  Defendants,  the  lufa^ts,  answer, 
ing  by  their  said  Guardians,  severally  say,  &c. 


12  WORDS  OF  COURSE  NECESsAKV  TO 

Conclusion. — And  these  Defendants,  the  said  ,  being  all  Tn- 

fants  under  the  age  of  twenty-one  years,  they  submit  tlieir  respective 
riglits  and  interests  in  the  premises  to  the  care  and  protection  of  this 
honorable  Court.     And  these  other  Defendants  deny,  &:c. 


Words  of  course  preceding  Exceptions  to  an  Answer. 

In  Chancery. 

Between  A.  B.  Complainant,  and  C.  D.  Defendant. 

Exceptions  taken  by  the  said  Complainant  to  the  Answer  put  in  by  the 
said  Defendant  to  the  said  Complainant's  Bill  of  Complaint. 

First  Exception. — For  that  the  said  Defendant  hath  not  answered  and 
set  forth,  according  to  the  best  and  utmost  of  his  knowledge,  remem- 
brance, information  and  belief,  whether,  &c. 

Second  Ex  epf ion. — For  that  the  said  Defendant  hath  not  in  manner 
aforesaid  answered  and  set  forth,  whether,  Ssc. 

Conclusion. — In  all  which  particulars  the  said  Complainant  hiiml-iy  in- 
sists the  said  Defendant's  Answer  is  altogether  evasive,  imperfect,  and 
insufficient;  wherefore  the  said  Complainant  doth  except  thereto,  and 
ii'imbly  prays  that  the  said  Defendant  may  be  compelled  to  amend  the 
same,  and  put  in  a  lull  and  sufficient  Answer  to  the  said  Bill  of  Com- 
plaint. 

Words  of  course  to  an  Answer  after  Exceptions. 

The  further  Answer  of  A.  B.  the  Defendant,  to  the  Bill  of  Com- 
phiint  of  C.  D,  Complainant. 
Thi«  Defendant,  saving  and  reserving  to  himsell",  as  in  and  by  his  for- 
mer answer  he  hath  saved  and  reserved,  for  further  Answer  to  the  said 
Complainant's  said  Bill  of  Complaint,  or  to  so  much  thereof  as  this  De- 
fendant is  advised  is  necessary  or  material  for  him  to  make  answer  unto, 
answering,  saith,  &c.  without  that,  Sec. 

N.  B.  T'hese  words  of  course  are  equally  applicable  to  an  amended 
Bill,  with  the  slight  alteration  of  instead  of  saying  "  further  an- 
swer," say  "  former  Answer,"  and  inserting  the  word  "  amended" 
before  <'  Bill." 


Words  of  cour.'^e  preceding  the  Answer  and  E.vamination 
put  in  to  Interrogatories^  exhibited  by  a  Master  in 
Chancery. 

In  Chancery. 

Between  A.  B.  and  C.  D.  Plaintiffs,  and  U.  F.  and  G.  H.  Defen- 
dants, 


DIFFERENT  BRANCHES  OF  EQUITY  PLEADING.  13 

The  Answer  and  Examination  of  the  Defendant  E.  F.  one  of  the  Execu- 
tors named  in  the  last  will  and  testament  of  X.  Y.  Esquire,  the  Ad- 
ministrator, with  the  will  annexed  to  A.  B.  Esquire,  deceased  to  In- 
terropratories  exhibited  on  behalf  of  the  Plaintifls,  before  A.  T. 
Esquire,  one  of  the  Masters  of  the  Iii«;:h  Court  of  Chancery,  to  whom 
this  cause  stands  referred,  for  the  examinf'tion  of  the  said  Defendant 
G.  II.  the  other  Defendant  named  in  the  uill  of  the  said  X.  Y.  and 
also  of  t!ie  said  Defendant  E.  F.  pursuant  to  the  decree  made  on 
the  hearing  of  the  said  cause,  bearing  date,  Sec. 

1st.  To  the  1st  Interrogatory  this  Examinant  saith.  Sec. 


Words  of  course  preceding  Exceptions  to  a  Masterh  Re- 
port, as  to  the  Sufficiency  of  Defendanth  Answer. 

In  Chancery. 

Between  A.  B.  Complainant,  and  C.  D.  Defendant. 
Exceptions  taken  by  the  Complainant,  to  the  Report  made  on  the 
day  of  by  E.  F.   Esquire,  one  of  the  Masters  of  this 

honorable  Court,  concerning  the  Sufficiency  of  the  said  defendant's 
Answer  to  the  said  Complainant's  Bill. 
1st.  The  said  Exceptant  saith  that  the  said  Master  hath  by  his  said 
Report  certified' or  stated,  that  the  said  Defendant's  Answer  is  sufficient, 
in  that  he  hath  thereby  set  forth,  according  to  the  best  of  his  knowledge. 
&c.  whether,  &c.  as  required  by  the  Complainant's  Bill,  whereas  the 
said  Master  ought,  as  this  Exceptant  is  advised,  to  have  certified  and 
reported  the  said  Defendant's  Answer  insufficient,  inasmuch  as  the  said 
Defendant  hath  not,  as  the  said  Complainant  humbly  submits,  answered 
and  set  forth  such  several  raattei-s  in  such  manner  as  by  the  said  bill  is 
required. 

And  therefore  the  said  Complainant  excepts  against  the  said  Master's 
Report  and  prays  that  the  same  may  be  set  aside,  and  the  said  De- 
fendant's Answer  adjudged  insufficient. 


Words  of  course  preceding  Exceptions  to  a  Master^s  Re- 
port, as  to  the  Sufficiency  of  Defendant  s  Answer. 

In  Chancery. 

Between  A.  B.  and  others,  Complainants,  and  C.  D.  Defen- 
dant. 
Exceptions  taken  by  the  said  Complainants  to  the  report  made  on  the 
day  of  ,  by  P.  M.  Esquire  one  of  the  IMasters  of  this 

honorable  Court,  concerning  the  sufficiency  of  the  said   Defendant's 
Answer  to  the  said  Complainant's  Bill. 


14  ACCODNTS  PROPER  TO  BE  TAKE^^ 

1st.  The  saitl  Exceptants  severally  say,  that  the  said  Master  hath  by 
his  Report  certified  or  stated,  that  the  said  Defendant's  Answer  is  sulB- 
cient,  ill  that  he  hath  thereby  set  forth,  according  to  the  best  of  his  know- 
ledge, «Scc.  whether,  Sci:.  as  required  by  the  said  Complainants'  Bill, 
whereas  the  said  Master  ought,  as  these  Exceptants  are  advised,  to  have 
certified  and  reported  the  said  Defendant's  Answer  insufficient,  inasmuch 
as  the  said  Defendant  hath  not,  as  the  said  Complainants  himibly  insist, 
answerecj  and  set  forth  such  several  matters  in  such  manner  as  by  the 
said  Complainants'  Bill  is  required. 

And  therefore  the  said  Complainants  except  to  the  said  Master's  Re- 
port, and  pray  that  the  same  may  be  set  aside,  and  the  Defendant's 
Answer  adjudged  insufficient. 


Another  form  of  Exceptions  to  the  Master'' s  Report. 

In  Chancery. — Between,  &c. 
Exceptions  taken  by  the  said  Complainant  to  the  Report  of  (i.  11.  Es- 
quire, one,  &c.  made  in  this  cause,  and  bearing  date,  &:c. 
Fii-st  Exception. — For  that  the  said  Master  hath  in  and  by  his  said 
Report  stilted,  &c. 

Second  Exception. — For  that  the  said  Master  hath  in  and  by  his  said 
Report  certified,  &c. 

In  all  which  particulars  the  said  Complainant  doth  except  to  the  said 
Master's  said  Report,  and  humbly  appeals  therefrom  to  the  Judg- 
ment of  this  honorable  Court. 


Accounts  proper  to  be  required  in  a  Bill  against  the  Trustees 
of  a  real  and  Personal  Estate  for  payment  of  Debts , 
^•c.  for  a  Settlement  of  Accounts  respecting  the  Trust 
Estate. 

1st.  That  the  said  Defendants  may  set  forth  an  account  of  all  and 
every  sum  and  sums  of  money  received  by  them  or  either  of  them, 
or  by  any  person  or  persons  by  their  or  either  of  their  order,  or 
for  their  or  either  of  their  use,  since  the  time  of  the  date  and  execution 
of  the  said  indentures  of  lease  and  release,  for  or  in  respect  of  the  rents, 
profits,  intt.'cst,  or  income  of  the  freehold  and  leasehold  estates  and  other 
property  and  effects  conveyed  and  assigned  to  them  by  the  said  indentures, 
and  when  and  from  whom,  and  U)T  what  in  particular,  all  and  every  such 
sums  were  respectively  received. 

2d.  A  rental,  description,  and  particular,  of  all  such  parts  of  the  said 
freehold  and  leasehold  estates  as  have  been  sold  and  disposed  of  by  them, 


STATEMENTS,  PRETEiNCES,  THARGES,  &C.  15 

or  either  of  them,  by  any  person  or  persons,  by  iIk?  order  or  directions  of 
them  or  either  of  them,  and  also  an  acconnt  of  all  and  every  the  sum 
which  were  received  by,  or  by  the  order,  or  for  the  use  of  them  the  said 
Defendant  or  either  of  them,  for  or  in  respect  of  such  sales  or  any  of 
them,  and  when,  or  about  what  time  or  times  in  particular,  and  by  whom, 
and  from  whom,  and  for  what  parts  or  part  of  the  farm,  estate,  and 
premises,  such  sums  were  respectively  received. 

3d.  An  Account  of  all  and  every  sum  and  sums  of  money  which  hath 
and  have  been  paid  by  them  or  any  of  them,  or  by  any  person  or  persons 
by  their  order  or  on  the  account  of  them  or  either  of  them,  in  or  towards 
satisfaction  of  the  debts  due  and  owing  from  or  by  the  said  C.  G.  at  the 
time  of  the  date  and  execution  of  the  said  indentures  of  lease  and  release, 
or  trust  deeds,  and  when  and  to  whom,  and  for  the  payment  of  what  par- 
ticular debt  or  debts,  all  and  every  such  sums  were  severally  respectively 
paid. 


Accounts  to  be  required  in  a  Bill  filed  for  the  Purpose 
of  calling  an  Attorney  or  agent  to  Account  for  llemit- 
tances. 

1st.  An  Account  of  all  sums  received  by,  or  by  the  order,  or  for  the  use 
of  Defendant,  belonging  to  J.  W.  or  his  estate,  during  the  life  time  of 
J.  W.  or  since  his  death,  as  such  Attorney  or  Agent. 

2d.  An  account  of  all  goods,  wares,  merchandizes,  property,  and  ef- 
fects, remitted  and  sent  by  the  said  J.  W.  in  his  life-time  unto,  and  re- 
ceived by,  or  by  the  order,  or  for  the  use  of  Defendant,  and  all  and  every 
the  natures,  kinds,  cjuantities,  qualities,  full,  real,  and  true  values  of  ail 
and  every  part  thereof. 

3d.  An  account  of  all  and  every  sum  and  sums  of  money  received 
by  Defendant,  &c.  for  and  in  respect  of  the  sale  thereof,  and  of  every 
or  any  part  or  parts  thereof,  and  when  and  by  whom,  &c. 

4th.  An  account  of'all  parts.  Sec.  of  goods,  &c.  which  remahi  unsold,, 
and  their  natures,  &c.  and  wliat  is  become  thereof. 

5th.  A  full  and  true  list  of  all  books  of  account,  and  their  accounts, 
letters,  papers,  vouchers,  memoranda,  and  other  writings,  relating  to 
the  estates,  affairs,  and  concerns  of  the  said  J.  W.  Mhich  are  now,  or 
ever  were,  in  Defendant's  custody,  possession,  or  power,  &c. 

Cth.  An  account  of  all  monies  paid  to  or  for  the  n^o  of  .T.  W.  and 
when,  where,  and  to  whom,  anil  for  what.  A-c. 

J  L. 


16  SiAlKMEM.-,    rnKlE.NCLS,    illARCKS,    k,C. 

Slatcmcnt  that  Books  arc  in  the  Castodij  of  Dffcndant.  and 
Inquiry  thereto. 

And  that  A.  1j.  Iintli  now,  or  had,  in  his  custody  or  power,  some  books 
of  receipts,  papers,  or  writings,  which  belonged  to  the  said 
and  contained  some  entries  or  memoranda,  in  some  manner  referring  or 
relating  to  his  real  or  personal  estate,  or  some  part  thereof,  or  the  said 
knows  what,  hath  become  of  such  books,  papers,  or  writings ; 
and  the  said  ought  to  set  forth  a  list  or  schedule  thereof,  and 

to  leave  the  same,  if  in  his  custody  or  power,  iji  the  hands  of  his  clerk 
in  court,  for  the  usual  purposes. 

Inqidri/. 

And  whether  the  said  hath  not  now,  or  hath  not  had,  and 

when  last  in  his  custody  or  power,  some  and  what  book  or  books  of  ac- 
count, papers,  or  paper-writings  or  writing,  which  belonged  to  the  said 
,  and  contain  some  and  what  entries  or  entry,  or  memoran- 
dum, hi  some  and  what  manner  referring  or  relating  to  his  real  or  per- 
sonal estate,  or  some  and  what  part  thereof,  and  If  tlie  said 
hath  not  now  such  books  or  book,  papers,  or  paper-writings  or  writing, 
in  his  custody  or  power,  then  that  he  may  set  forth  what  hath  become 
thereof,  and  where  the  same,  and  every  of  them,  now  are  or  is,  or  last 
were,  to  his  knowledge  or  belief,  and  that  he  may  set  forth  a  list  or 
schedule  of  all  such  books,  papers,  and  writing?,  and  may  leave  the 
same,  or  such  thereof  as  he  hath  in  his  custody  or  power  in  the  hands 
of  liis  clerk  in  court  for  the  usual  purposes. 


Application,  Chanrins^  Fart,  and  Prayer  to  a  Bill,  that 
Tenant  may  be  obliged  to  put  and  keep  Premises  in  Re- 
pair, and  Injunction  from  farther   Waste  by  ploughing 
up,  contrary  to  the  Terms  of  his  Lease. 

And  theref<^re  Plaintiff  hath,  at  several  times,  by  himself  and  his 
agents,  in  a  friendly  manner  applied  to,  cVc.  and  requested  him  to  put  all 
the  said  houses,  out-houses,  and  all  the  Iniildings  and  fences,  &c.  into 
good  rf-pair,  and  so  keep  the  same  in  such  orood  and  sufficient  repair  dur- 
ing the  rfmaiiHhr  of  the  tc^rm,  and  to  forliear  to  plough  any  of  the 
lands  demised  to  him  as  aforesjtid,  which  he  is  not  at  liberty  to  plough, 
according  to  tlie  terms  of  the  said  lease,  and  to  make  satisfaction  to 
Phiiiiliir  fur  all  the  damage  done  to  the  said  estate  by  his  miimanage- 
meat.  or  neglect  in  t!ie  niajiagemcnt  thereof,  according  (o  tiie  lernjs  of 


PRETENCES,    CHARGES,    &C.  17 

the  said  lease,  and  course  of  husbandry  practised  in  the  neighbouring 
country.     And  plaintiff  well  hoped,  &c.  but  now,  &c. 

Pretends  that  the  said  messuage  or  tenement,  and  all  the  out-houses 
and  buildings  there  belonging,  and  all  the  fences,  gates,  and  stiles  on  the 
said  lands,  have  been  constantly,  during  his  possession  thereof,  and  now 
are,  in  good  repair  and  condition,  and  that  he  hath  never  ploughed  any 
part  of  the  said  lands  which  he  was  not  at  liberty  to  plough,  by  the  terms 
of  the  said  lease,  and  the  course  of  husbandry  used  and  approved  in  the 
neighbourhood  thereof,  and  that  he  hath  never  in  any  manner  neglected 
the  manuring  or  taking  care  of  any  part  thereof,  but  that  he  hath  con- 
stantly used  and  employed,  cultivated  and  manured,  all  such  lands,  in  a 
proper,  regular,  and  careful  manner,  according  to  the  terms  of  the  said 
lease,  and  a  good  course  of  husbandry  used  and  practised  in  the  neigh- 
bouring country,  and  that  all  the  particulars  of  the  said  messuage,  and 
the  house  and  buildings  thereto  belonging,  and  of  the  said  lands,  and  the 
fences,  gates,  stiles,  and  ditches  thereon,  are  in  as  good  plight  and  condi- 
tion, in  all  respects,  as  the  same  were  when  he  entered  thereon,  and  that 
he  hath  never  cut,  or  caused  to  be  cut,  any  timber,  or  other  trees  growing 
on  such  lands,  or  any  part  thereof. 

Charge  contrary,  and  that  the  said  messuages  and  lands,  with  the  ap- 
purtenances thereof,  are  now,  from  the  neglect  and  gross  mismanage- 
ment of  the  said  Defendant,  in  so  much  worse  condition  than  the  same 
were  in  at  the  time  of  his  entering  thereon,  and  that  the  same  are,  on 
that  account,  worth  to  be  sold  c£'100  less  than  the  same  were  worth  to 
be  sold  at  the  time  when  he  the  said  Defendant  entered  thereon,  and  it 
would  cost  cflOO  and  upwards  to  put  the  same  into  as  good  plight  and 
condition  as  the  same  were  in  when  he  the  said  Defendant  entered  there- 
on, to  the  end,  &:c. 

Prayer. 

That  Defendant  may  be  obliged  to  put  the  said  messuage  or  tenement, 
building,  gates,  &c.  into  good  and  sufficient  repair,  and  may  make 
satisfaction  to  Plaintiff  for  all  waste  committed  by  him  on  the  said 
estate,  and  all  damage  done  by  him  thereon,  by  his  mismanagement 
or  neglect.  Plaintiff  waiving  all  right,  &c.  and  that  he  may  be  al- 
lowed to  keep  the  said  estate,  &c.  in  good  repair  and  condition  dur- 
ing the  remainder  of  his  interest  therein,  and  to  manure  and  culti- 
vate the  same  according  to  the  terms  of  the  said  lease,  and  may  be 
restrained,  by  the  injunction  of  this  honorable  court,  from  commit- 
ting any  further  waste  or  spoil  on  the  said  estate,  or  any  part  there- 
of, and  that  all  proper  directions  may  be  given  for  the  effectuating- 
the  purposes  aforesfiid,  and  further  relief. 

4 


18  PRETENCES,    CHARGES,    &iC. 

Purl  uf  a  Bill  h)j  Executors,  who  hud  Notice  of  adverse 
Claims,  for  the  Purpose  of  having  the  same  ascertained. 

Tliat  the  said  E.  K.  dopartrd  this  life  on,  See.  and  the  said  I.  K.  &:c. 
Sec.  one  of  tlio  residuary  legatees  named  in  the  said  will  of  the  said  Tes- 
tator, as  atbresaid,  have  all  attained  their  respective  ages  of  twenty-one 
years,  and  the  said  residuary  legatees  are  now  become  entitled  to  have 
their  respective  shares  of  the  said  residuary  property  paid  to  them. 

That  the  said  Testator's  residuary  property  now  consists  of  the  sum 
of  £  £5  per  cent.  Consols,  Sec.  and  the  sum   of  £  in  the 

liands  of  Plaintiffs  :  and  Plaintiffs  are  ready  and  willing  to  divide  and 
dispose  of  the  said  residuary  property,  according  to  the  directions  con- 
tained in  the  said  Testator's  will. 

That  E.  S.  and  I.  S.  claiming  tobr  entitled  to  some  interest  in  property 

to  which  the  said is  entitled,  in  right   of  his  said   wife,  of  the  said 

Testator's  residuary  property,  under  an  assignment  made  to  them  by 
the  said  C.  F.  and  his  wife,  served  a  notice  in  writing  to  that  purport  on 
Plaintiff  I,  S.  as  by  the  said  notice,  Sec. 

That  on,  Sec.  another  notice  was  sei-\'ed  on  Plaintiffs  by  Messrs.  G. 
and  I.  of,  &:c.  claiming  the  said  share  of  the  said  C.  F.  in  right  of  M. 
his  wife,  by  virtue  of  an  assignment  from  the  said  E.  S.  and  I.  S.  but 
the  said  Messrs.  G.  and  I.  having  since  become  bankrupts,  another  no- 
tice was  served  on  Plaintiff's  solicitor,  on.  Sec.  by  Messrs.  W.  and  Son, 
the  solicitors  under  the  commission  of  bankrupt,  awarded  against  the 
said  G.  and  I.  purporting  that  W.  C.  ilc.  having  been  duly  chosen  and 
appointed  assignees  of  the  estate  and  effects  of  the  said  G.  and  I.  claimed 
the  said  share  of  the  said  C.  F.  and  his  said  wife,  in  right  of  the  said  G. 
and  I.  as  by  the  said  two  notices,  &;c. 

That  on  or  about,  &c.  a  notice  was  served  upon  Plaintiff  by  W.  G.  of, 
&c.  stating  a  certain  assignmt^nt  made  by  the  said,  <i-c.  to  N.  S.  of,  &c. 
under  and  by  virtue  of  which  the  said  R.  S.  claimed  to  be  entitled  to 
some  interest  in  the  said  share  of  the  said  A.  and  M.  his  wife,  of  the  said 
residuary  property,  as  by  the  said  notice.  Sec. 

That  on  or  about,  Sec.  another  noti<  e  was  served  on  Plaintiff,  by,  &c. 
claiming  to  be  entitled  to  the  share  of  the  said  I.  K.  of  the  said  testator's 
residuary  property,  under  and  by  virtue  of  the  said  assignment  made  to 
liim  by  the  said  I.  K. 

That  by  reason  of  such  several  claims.  Plaintiffs  are  unable  to  dis- 
tujguish  to  wiioin  ili.-  said  residuary  property  ought  to  be  distributed,  but 
Plaintiffs  beiiig  nady  and  willing  to  distribute  the  same,  have  frequenllv 
applied  to  the  said,  Ac  <S^c.  (claimant),  and  also  to  the  said.  Sec.  (residu- 
ary legatees),  and  nho  to  the  said,  Sec.  the  several  assignees  who  have 


rRETENCi:S,    CHARGES,    ScC.  19 

so  served  Plaiiitilis  with  notices,  and  made  claims  as  aforesaid,  and  have 
requested  them  to  execute  the  said  several  claims  and  demands,  that 
Plaintiffs  might  be  enabled  to  distribute  the  said  residuary  estates  accor- 
dingly. 

But  now,  Sec.  Pretend  that  no  such  will  as  herein  before  set  forth  was 
made  by  the  said  H.  JM. 

Charge  the  contrary,  &c.  and  which  Defendants  will,  at  other  times, 
admit,  but  then  they  give  out,  &c. 

Pretend  that  there  is  a  very  large  residue  in  the  hands  of  Plaintiffs, 
and  much  more  than  the  said  sum  of  £  in  the  hands  of  Plaintiff. 

Charge  the  contrary,  &c.  and  that  no  more  now  remains  than  the  said 
sum>  h;  rein  before  in  that  behalf  mentioned,  except  what  if  any  thing 
may  have  come  to  the  hands  or  possession  of  the  said  I.  S.  And  the 
saiil,  (S:c.  severally  claim  to  be  entitled  to  the  said  share  of  the  said  C.  F. 
and  M.  his  wife,  and  the  said  I.  K.  claims  to  be  entitled,  notwithstanding 
the  said  assignment  of  their  shares  of  the  said  residuary  propertj',  as 
residuary  legatees  ;  and  the  said  Defendant  I.  K.  sometimes  claims  to 
be  further  interested  in  this  residuary  estate  and  effects,  and  the  said 
Defendant  F.  S.  refuses  to  come  to  any  account  in  the  premises.  All 
which.  Sec. 


Pretence  in  a  Bill  for  specific  Performance,  Lessee  against 
Lessor,  that  it  icas  not  in  Writing,  and  Charge  that 
this  loas  immaterial,  Plaintiff  having  repaired  the  Pre- 
mises and  expended  Money  in  confidence  of  the  Agree- 
ment. 

And  the  said  Defendant  at  other  times  pretends  that  the  said  agree- 
ment or  agreements,  not  having  been  reduced  into  writing,  he  is  not 
bound  to  perform  the  same ;  whereas  your  Orator  is  advised  and  hum- 
bly submits  that  the  said  Defendant  is  liable  to  perform  the  same  not- 
withstanding. And  your  Orator  charges,  that  upon  the  faith  of  the 
said  first  mentioned  agreement,  your  Orator,  with  the  privity  and  know- 
ledge of  the  said  Defendant,  continued  in  the  possession  of  the  said 
premises  after  the  expiration  of  your  Orator's  said  original  lease,  and 
proceeded  in  the  said  repairs  which  had  been  pointed  out  by  the  said 
surveyor  as  aforesaid,  and  laid  out  great  suras  of  money  in  such  repairs. 
And  your  Orator  charges,  that  upon  the  faith  of  the  said  second  agree- 
ment, touching  the  lease  of  the  said  premises,  to  commence  at  IMichael- 
mas-day,  ,  your  Orator  hath  ever  since  continued  in  the  possession 

of  the  said  premises,  and  hath  completed  the  said  repairs,  and  rebuilt 


20  PRETENCES,    CHARGES,    &,C. 

the  said  barns,  and  hath  thereby  incurred  a  very  great  expense.  And 
your  Orator  further  charges,  that  the  said  Defendant,  since  the  expiration 
of  his  soid  former  lease,  hath  been  paid  by  your  Orator,  and  hath  ac- 
cepted from  your  Orator  the  said  increased  yearly  rent  of  £  per  an- 
num, from  time  to  time  as  the  same  became  due. 

A.  C. 


Pretence  and  Charge  in  a  Bill  that  Personals  are  insvf]l~ 
cient,  and  are  payable  out  of  real  Estate ;  doubt  true 
Construction  of  the  Will;  Pretence  that  the  Will  will 
not  extend  so  as  to  pass  real  Estates,  <$"€. 

That  the  said  Defendants  severally  reftise  to  comply  with  the  Plain-* 
tiffs' aforesaid  requests  ;  that  said  Defendants  sometimes  pretend  that  the 
|)ersonals  arc  insufficient.  Charge  contrarj^,  and  if  not,  charge  that  the 
said  Testator's  real  estates  come  to  the  hands  of  the  said  Defendants,  his 
Executors  and  Trustees,  ought  to  be  applied  in  aid  of  his  personal  es- 
tate, till  the  whole  of  the  aforesaid  purposes  are  satisfied,  and  so  the  said 
Defendants  admit,  but  at  other  times  they  pretend  that  the  rents  and 
profits  alone  of  the  said  Testator's  real  estates  arc  applicable  to  the 
said  before  mentioned  purposes,  and  that  the  said  Defendants  have  no 
power  given  them  by  the  said  will  over  the  paid  Testator's  real  estate 
or  any  estate  or  interest  therein  that  can  enable  them  to  apply  the  same 
or  any  part  thereof  in  aid  of  the  said  Testator's  personal  estate,  further 
than  the  reception  of  the  said  rents.  Charge,  that  by  the  construction 
of  the  said  Testator's  will,  the  whole  of  the  legacies  and  sums,  as  well 
present  as  contingent,  are  charged  upon  botii  the  real  and  pi  r^onal  Estate 
of  the  said  Testator  as  one  fund,  and  that  the  said  Defendants,  his  Exe- 
cutors, take  such  estate  and  interest  therein,  and  no  less,  than  may  be 
capable  of  fullv  ..flfectuating  the  said  Testator's  intent  and  meaning,  and 
Batisfving  the  whole  of  the  benefits  intended  to  he  given  by  the  said  will, 
and  so  they  will  sometimes  admit ;  but  then  they  pretend  that  doubts 
are  entertained  uiili  respect  to  the  true  con:-truc(ion  of  the  said  Testa- 
tor's will  in  tins  and  divers  other  respects,  and  with  regard  to  some  of 
the  Plaintiff's  claims  in  respect  of  some  of  their  legacies  and  annuities 
hereinbefore  mentioned,  and  that  they  the  said  Defendants  cannot 
•siufely  proceed  in  execution  of  the  trusts  of  the  said  Testator's  will,  by 
reason  of  such  said  doubts  and  difficulties,  without  the  aid  of  a  Court  of 
FOquity,  nevertheless  they  refuse  to  state  and  discover  wherein  such  pre- 
tended doubts  and  difficulties  consist.  That  said  Defendants  (the  co- 
heirs) preteiid  tiuit  the  said  Testator's  will  was  not  so  executed  or  at- 
♦csf';d,  f-o  HS  to  pats  real  estiilf's  by  devise,  and  he  the  said  I.  D.  claims 


PRETENCES,    CHARGES,    ScC.  21 

some  estate  or  interest  in  the  Testator's  real  estates  in  rigiit  ol  the  said 
A.  his  wife,  and  the  said  A.  and  B.  as  co-heirs  at  law  of  the  said  Tes- 
tator, threaten  to  disjMite  the  said  will.  And  the  said  A.  D.  &c.  (the 
Executors)  claim  some  legacies  as  due  to  themselves,  and  threaten  to 
retain  the  same  immediately  out  of  the  personal  estate  of  the  said  Tes- 
tator in  their  hands.  Charge,  that  after  providing  for  the  annuities  imme- 
diately preceding  the  life  estate  given  her  in  the  said  Testator's  residue 
in  the  said  will,  all  the  other  legacies  are  postponed  till  after  her 
decease,  and  that  the  said  A.  D.  &c.  (the  Executors)  ought  not  to  retain 
any  part  of  the  said  legacies  claimed  b}'  them,  until  that  period. 


Pretence  and  Charge  in  a  Bill,  that  Defendants  have  for- 
feited their  respective  Rights  tinder  the    Testator'' s   Will, 
which  contained  a   Clause,    that  in  case  the    Trustees 
were  molested  by  the  Devisees,  and  their  Devise  should 
cease* 

And  at  sometimes  the  said  last  mentioned  Defendants  pretend,  that 
under  or  by  virtue  of  the  said  will,  your  Orators  are  barred  from  insti- 
tuting any  suit  in  this  honorable  Court  against  them  the  said  named 
Defendants,  touching  the  said  Testator's  estates,  or  the  distribution 
thereof,  inasmuch  as  they  the  said  last  named  Defendants  are  molested 
thereby  ;  and  that  your  Orators  have  therefore,  under  or  by  virtue  of  the 
clause  contained  in  the  said  will  in  that  behalf,  forfeited  their  respective 
interests  under  the  same.  Whereas  your  Orators  charge,  and  humbly 
insist,  that  no  forfeiture  whatever  is  incurred  by  them  in  so  doing, 
and  the  more  especially,  inasmuch  as  they  charge  that  it  is  mani- 
festly to  be  presumed  that  the  said  Testator  did  not  by  the  aforesaid 
clause  contained  in  his  said  will,  mean  to  protect  them  the  said  last 
named  Defendants  against  being  duly  called  upon  by  the  persons  entitled 
under  the  said  will  for  an  account  of  the  matters  aforesaid,  but  the 
rather  from  being  wantonly  and  maliciously  molested  in  the  execution 
of  the  trusts  thereof,  and  so  the  said  last  named  Defendants  will 
themselves  at  other  times  admit,  but  nevertheless  under  some  such  or 
the  like  pretences,  or  some  others  equally  unreasonable  and  unjust, 
they  have  refused  or  declined  to  comply  with  your  Orator's  most  rea-. 
sonable  requests.  • 


22  PRETENCES,    CHARGES,    &C. 

Charge,   if  Papers,  i^-c.  produced,  Flaialiff\^  Title  would 

appear. 

Furlher  charges,  thai  in  case  the  said  letters,  notes,  wiilings,  drafts, 
ro|jies,  abstracts  or  extracts  of  letteis,  notes,  or  written  messages,  and 
other  the  papers,  memoranfluins,  and  writings,  were  produced,  or  the 
purport  or  contents  thereof  were  set  forth  and  discovered,  which  Plain- 
li(T  humbly  insists  they  ought  to  be,  the  truth  of  the  several  matters  and 
things  hereinbefore  stated  and  charged,  would  manifestly  and  clearly 
appear,  and  particularly  that  Plaintiff  and  the  other  owners  of  the  said 
«argo  were  and  are  entitled  to  the  produce  or  money  arising  by  th*-  sale 
of  the  said  cargo,  which  was  received  by  the  said  I.  C.  and  remitted  as 
aforesaid  to  the  said  confederates,  but  which  they  nevertheless  refuse  to 
produce,  although  frequent  applications  have  been  made  to  them  for  that 
purpose. 

Pretence. 

And  at  sometimes  Defendants  pretend,  that  they  have  produced  and 
have  shewn  to  Plaintift'  all  the  letters,  papers,  and  writings  in  their  or 
either  of  their  custody  or  power,  relating  to  the  matters  and  transactions 
aforesaid. 

Charge. 

Contrary,  and  that  Defendants  have  not  produced  or  shewn  to  Plain- 
lifi",  all  the  letters  and  copies  of  letters,  and  other  correspondence,  nor 
all  the  papers  and  writings  in  their  custody  or  power,  relating  to  the 
aforesaid  matters  and  transactions ;  and  in  particular  Plaintiff  charges, 
that  notwithstanding  the  said  confederates  did  sometime  since  produce  and 
lend  to  Plaintiff,  in  consequence  of  an  application  made  to  them  for  that 
])urpose,  copies  of  some  letters  and  correspondence,  and  also  of  some 
other  papers  relating  to  the  matters  and  transactions  aforesaid,  they 
nevertheless  secreted,  withheld,  or  kept  back,  sundry  of  such  letters, 
and  a  great  or  some  part  of  such  correspondence,  and  sundry  of  the 
papers  or  writings  in  their  custody  or  power,  relating  to  the  matters  and 
transactions  aforesaid,  and  which  were  material  to  shew  your  Orator's 
right  to  a  part  or  share  of  the  money  so  remitted  to  them  the  said  confe- 
derates, on  account  of  the  produce  of  the  sale  of  the  said  cargo,  and 
that  divers  or  some  of  the  papers  which  the  sa«d  Defendants  delivered  or 
sent  unto  Plaintifl',  as  copies  of  such  letters  and  correspondence  as  afore- 
said, were  not  faithfid  and  exact  copies  of  such  letters  and  correspon- 
dence, but  partial  (extracts  thereof  or  therefrom  ;  and  that  sundry  material 
parts  and  passages  of  such  letters  thereof  as  tended  to  shew  the  right  and 
litlc  of  Plaintiff  and  the  other  owners  of  the  said  cargo,  or  some  or  one 


PRETENCES,    CHARGES,    &;C.  23 

of  lliem,  to  llie  money  remitted  to  the  said  confederates  as  aforesaid,  on 
account  of  tlio  produce  or  money  arising  from  the  sale  of  the  said  cargo, 
were  designedly  or  intentionally  lelt  out  or  omitted  in  the  copies  so  sent 
or  delivered  to  your  Orator,  and  that  the  same  was  so  done  with  a  view 
to  prevent  your  Orator  from  being  made  acquainted  with  the  whole  pur- 
port or  contents  of  the  said  letters  and  other  correspondence,  and  of  con- 
cealing from  your  Orator  and  the  other  owners  of  the  said  cargo,  their 
right  to  receive  from  the  said  confederates,  or  their  claim  upon  the  said 
confederates,  in  respect  to  the  produce  or  money  arising  from  or  pro- 
duced by  the  sale  of  the  said  cargo,  and  in  their  hands  as  aforesaid,  or 
with  some  other  fraudulent  or  unfair  view,  intent,  or  design.  But,  ne- 
vertheless, under  such  and  the  like  pretences,  confederates  refuse  to  pay 
Plaintiff  one  third  or  any  other  part  or  share  of  the  money  remitted  to 
them  and  now  in  their  hands,  arising  or  produced  by  the  sale  of  the 
said  cargo  ;  and  PlaintifT  having  commenced  an  action  at  law  against  the 
said  confederates,  to  recover  or  obtain  payment  from  them  of  the  money 
which  they  have  received  for  Plaintiff's  use  in  manner  aforesaid,  Plain- 
tiff is  unable  to  proceed  with  effect  therein  without  a  full  disclosure  and 
discovery  from  the  said  Defendants,  and  without  having  one  or  more 
commission  or  commissions  for  the  examination  of  his  witnesses  in 
Jamaica,  and  at,  &c.  in  which  places,  or  some  or  one  of  them.  Plain- 
tiff's witnesses  who  can  prove  the  truth  of  the  several  matters  and  things 
hereinbefore  stated  and  charged,  reside,  and  therefore  the  said  Defend- 
ants set  Plaintiffs  at  defiance. 

Inquiry. 

And  whether  they,  the  said  Defendants,  or  one,  and  which  of  them, 
have  or  hath  not  now,  or  had  not  at  some  and  what  time  and  when  last, 
in  their  or  one  and  which  of  their  custody,  power  or  possession,  sundry, 
or  some  and  what  other  letters  or  letter,  notes  or  note,  written  messages 
or  message.  And  whether  or  not  also  some  and  wliat  copies  or  copy, 
drafts  or  draft:,  abstracts  or  abstract,  extracts  or  extract  of  letters  or  let- 
ter, notes  or  note,  or  written  messages  or  message,  which  were  or  was, 
and  when  written  or  sent  by  them,  the  said  confederates,  or  one,  and  which 
of  them;  and  the  said  I,  C.  and  W.  II.  or  one  and  which  of  them,  or 
some  and  what  other  persons  or  person,  relating  to  the  matters  and 
transactions  aforesaid,  or  some  or  one,  and  which  of  them,  and  particu- 
larly whether  or  not  relating  to,  &c.  And  whether  they  the  said  De- 
fendants, or  one  and  which  of  them  have  or  hath  not  also  now,  or  last, 
and  when  had,  in  their  or  one,  of  which  of  their  custody,  posseisioi:,  ^jr 
power,  various  or  some  and  what  papers  or  paper,  memorandums  or  me- 
morandum, writings  or  writing,  relating  to  or  in  some  manner  concern- 
ing the  5amo  mattf^rs  and  transactions,  or  some  and  which  of  them,  or 


24  rRETE>'CES,    CHARGE^,    Lc. 

what  is  become  thereof,  and  with  whom,  and  in  whose  custody,  posses- 
sion or  power,  and  for  whose  use  they  the  said  Defendants,  or  either  and 
which  of  them  last,  and  when  saw  or  heard  of  the  same,  or  any  and 
which  of  them,  and  that  tliey  the  said  Defendants  may  set  forth  a  list  and 
schedule  of  all  and  every  siicii  letters,  notes,  written  messages,  copies, 
a!)stract3  or  extracts  of  papers,  memorandums,  and  writinfjs,  and  that 
they  may  leave  the  same  in  the  hantls  of  their  dork  in  Court  for  the  se- 
veral purposes. 

And  whether  they  the  said  Defendants,  or  either  and  which  of  them, 
or  any  and  what  persons  or  person,  by  their  or  cither  and  which  of  their 
orders  or  directions,  have  or  hath  ever,  and  when,  and  how,  and  in  what 
manner,  and  whether  or  not  wilfully  or  intentionally,  burnt,  destroyed, 
altered,  obliterated,  or  defaced  the  said  letters  and  other  premises,  or  any 
and  which  of  them.  And  in  case  the  same  have  been  so  burnt,  de- 
stroyed, altered,  obliterated,  or  defaced,  whether  the  same  was  rtot  done 
with  a  view  to  prevent  a  production  of  the  same,  and  a  discovery  of  the 
several  matters  and  information  therein  contained,  or  for  what  other 
purpose. 

And  whether,  in  case  the  said  letters,  notes.  Sec.  and  other  the  said 
papers,  memorandums,  and  writings,  were  produced,  or  the  purport  and 
contents  thereof  set  forth  and  discovered,  the  truth  of  the  several  matters 
and  things  before  stated  and  charged,  or  some  or  one  and  which  of 
them,  would  not  manifestly  and  clearly,  or  in  some  and  what  degrep  ap- 
pf^ar,  and  particularly  whether  or  not  that,  \r. 

Inquiry. 

And  whether  the  said  Defendants,  or  either  and  which  of  them,  have 
«#r  hath  ever  and  «  hen,  produced  and  shewn  to  your  Orator  all  or  any> 
:ind  which  of  the  letters,  or  copies  of  letters,  or  correspondence,  or  all 
<>r  any,  and  which  of  the  papers  or  writings  in  their  custody  or  power, 
relating  to  the  matters  and  transactions  aforesaid,  and  whether  they  the 
.said  Defendants  did  not  upon  such  occasion  secrete  and  withhold,  or 
k«'fp  back  sundry  or  some,  and  which  of  such  letters,  and  a  great  part 
of  some  and  what  part  of  such  correspondence.  And  whether  or  not 
.sundry  or  some,  and  which  of  the  letters  and  writings  in  their  or  one 
and  which  of  their  custody,  possession,  or  j)ower,  relating  to  the  mat- 
ters and  traiii^actions  aforesaid,  or  some  and  which  of  them;  and  whe- 
ther the  same,  or  some  and  which  of  them,  were  or  was  not  material  to 
shew  Flaintiff's  right  to  a  part  or  share  of  the  money  so  remitted  to 
iheuj  the  said  Deteudants,  or  one  and  which  of  them,  on  account  of  the 
produce  of  the  sale  of  the  said  cargo,  or  how  otherwise.  And  whe- 
ther divers  or  some,  and  which  of  the  papers  which  the  said  Defendants 
declared  to  Plaintiff,  or  some  person  or  persons  on  his  behalf,  as  copies 


PRETENCES,    CHARGES,    &C.  25 

of  copy  of  such  letters  or  letter,  or  correspondence,  were  or  was  not, 
and  in  what  respect,  unfaithful  copies  or  copy  thereof,  or  whether  the 
same  were  or  was  not,  and  in  what  respect  partial  extracts  or  a  partial 
extract  thereof  or  therefrom ;  and  whether  sundry  or  some,  and  what 
material  parts  or  part,  passages  or  passage  thereof,  and  particularly  whe- 
ther or  not  such  parts  thereof  as  tended  to  shew  the  right  and  title  of 
Plaintiff  and  the  said  owners  of  the  said  cargo,  or  some  and  which  of 
them,  to  the  money  remitted  to  them  the  said  Defendants,  or  one  and 
which  of  them,  on  account  of  the  produce  or  money  arising  from  the  pro- 
duce of  the  sale  of  the  said  cargo,  were  or  was  not  intentionally  or  de- 
signedly, or  how  otherwise,  left  out  or  omitted  in  the  copies  or  copy  so 
sent  or  delivered  to  Plaintifl'  as  aforesaid.  And  whether  the  same  was 
not  so  done  with  a  view  to  prevent  Plaintifl'  being  made  acquainted  with 
the  whole  or  some  and  what  part  of  the  purport  and  contents  of  the  said 
letters  or  letter,  or  other  correspondence ;  and  whether  or  not  with  a 
view  to  conceal  from  Plaintiff  and  the  owners  of  the  said  cargo,  or  some, 
&c.  their  or  some,  and  which  of  their  rights,  to  receive  from  their  or  some, 
and  which  of  their  claims  upon  the  said  Defendants,  or  one  and  which  of 
them,  in  respect  of  the  produce  or  money  arising  from  or  produced  by  the 
sale  of  the  said  cargo,  in  their  or  one  and  which  of  their  hands,  or  with 
some  and  what  other  fraudulent  or  unfair  view,  intent,  or  design. 

J.  S. 


Charges  in  a  Bill  against  an  Executor,  tts  to  an  Account 
and  Balance  due,  the  Account  scheduled  in  the  Bill. 

Pretence  personally  insufficient,  charge  contrary.  And  at  other  tiihes 
the  said  Defendant  pretends  that  such  balance  as  aforesaid  is  not  justly 
due  and  owing  to  your  Orator ;  whereas  your  Orator  charges  that  the 
said  sum  of  £  ,  is  the  just  balance  due  to  your  Orator  upon  the'set- 
tlement  of  all  accounts  between  your  Orator  and  the  estate  of  the  Said 
1.  II.  And  yeur  Orator  hath,  in  the  schedule  to  this  his  Bill,  set  forth 
the  private  account  between  your  Orator  and  the  said  I.  H.  and  how  he 
»nakes  out  the  said  balance ;  and  your  Orator  further  charges,  that  the 
sum  of  £  ,  charged  in  the  said  scheduled  account  to  be  due  to  your 
Orator,  by  the  promissory  note  of  the  said  I.  H.  bearing  date,  &c.  was 
advanced  by  your  Orator  to  the  said  I.  H.  at  thr(  c  different  times, 
shortly  b<?fore  the  said  notice  was  given,  in  sums  of  .£  ,  the  last  of 
such  sums  being  for  the  pay  nient  of  wine  duty.  And  your  Orator  charges, 
that  at  the  expiration  of  the  time  limited  by  the  said  promissory  note  for 
the  payment  thereof,  your  Orator  presented  the  same  for  payment ;  and 
the  said  I.  H  then  told  your  Orator  that  it  did  not  swt  him  to  pay  it,  and 

5 


i$  rUElKxNCE.S,    CHARGES,    &C. 

requested  your  Orator  to  wait  till  it  should  be  convenient  to  liim  to  dis- 
charge the  same.  And  }  our  Orator  further  chargeth,  that  about  the  month 
of  ,  your  Orator  made  out  a  statement  of  the  private  account 

between  him  and  the  said  I.  IL,  and  the  said  I.  H.  then  promising  your 
Orator  that  he  would  fortlnviih  settle  such  account,  and  pay  your  Orator 
the  balance  thereof,  and  requesting^  that  your  Orator  would  include  the 
sum  ot'  £  and  interest  in  thi?  said  account,  your  Orator  thereupon  so 
included  the  same  in  such  stated  account,  and  delivered  up  to  tiie  said 
I.  II.  the  said  promissory  note,  and  the  same  is  now,  or  lately  was  in  the 
possession  of  the  said  I.  W.  being  found  by  him  amongst  the  papers  of 
the  said  I.  H.  But  the  said  I.  H.  never  did  settle  such  private  account 
In  his  life  time,  nor  make  to  your  Orator  any  paymtiit  in  respect  of  the 
said  promissory  note.  And  your  Orator  further  chargeth,  that  the  sum  of 
£  ,  charged  in  the  said  scheduled  account  to  be  paid  to  Mr.   W. 

of  II.  was  sent  to  him  by  your  Orator,  on  account  of  the  saiti  I.  II.  at  the 
particular  request  of  the  said  I.  II.  and  there  is  in  (he  cash-book  of  the 
said  I.  II.   an  entry  of  it^  us  paid  on  the  day  of  to  tire  said 

IVIr.  W,  and  there  is  also  amongst  the  pajicrs  of  the  said  I.  II.  a  letter  from 
the  said  Ml*.  W.  acknowledging  the  recei()t  of  such  sum,  and  such  letter  is 
how,  or  lately  was,  in  the  custody  of  the  said  I.  W.  But  nevertheless,  un- 
der such  and  the  like  pretences  as  aforesaid,  the  said  J.  W.  refuses  to  pay 
to  your  Orator  what  is  justly  due  and  owing  to  him  as  aforesaid.  All 
which,  tVc. 


Charge  in  a  BUI  hrov^ht  bij  the  Heir  of  the  supposed 
Testator,  in  order  to  set  aside  the  Will,  as  being  ob- 
tained hj  Fraud  and  Imposition.  The  supposed  Testa- 
tor having  lost  the  Use  of  his  Intelleets,  Defendants  set 
lip  the  Will  mid  insist  it  was  duly  executed. 

Charge,  th.^t 'the  Testator  behaved,  for  years  before  his  death,  as  a  per- 
son of  insane  mtnd,  Src.  and  that  his  faculties  were  greatly  impaired  ;  and 
in  evidence  thereof  charge  (staling  a  [)articular  instance,)  and  that  the  will 
was  preparrd  by  the  sole  directions  of  the  defendants,  without  the  know- 
ledge or  privity  of  the  said  Testator,  and  was  produced  to  him  for  his  ex- 
ecution, ready  drawn  without  the  Testator's  instructions;  and  that,  if  he 
did  givp  any  di:'i'rtions  for  such  will  to  be  prepared,  he  wa«;  at  such  time 
incapable  bf  judging  what  he  said  or  did.  and  that  the  will  was  not  read 
over  to  him,  nor  was  he  informed  or  knew  the  contents;  or  if  he  was  in- 
formed of  the  contents,  he  w:is  not  at  that  tinu-  capable  of  underslanding 
them,  or  of  judging  of  the  propriety,  <S:c.  and  that  he  was  compelled  by 
threats. 


PRETENCES,  CHARGES,  &C.  27 

Charge,  that  if  the  said  Toslalor  really  made  such  will,  he  was  imme- 
diately before  the  execution,  intoxicated  by  Defendant?,  or  by  some  undue 
means  prevailed  upon,  under  a  total  ignorance  of  the  contents;  and  that, 
if  the  Testator,  at  the  time  of  his  signing-  such  will,  knew  and  under- 
stood the  contents,  he  had  forgot  the  Plaintiff,  or  that  the  Defendants 
renresented  him  to  Testator  as  dead,  otherwise  he  would  not  have  made 
such  will,  having  always  expressed  a  much  greater  degree  of  friendship 
for  IMainiilf  than  for  Defendants. 

Charge,  that  the  Defendants  imposed  u[)on  theaflorney  vvlio  had  never 
l>ef)re  seen  the  Te.'^tator,  and  therefore  was  totally  ignorant  of  ]iis  weak 
state  of  mind,  and  iiis  inability,  &c.  representing  themselves  as  his  heirs 
at  law,  a!id  taking  no  notice  of  plaintiff,  by  which  means  the  attorney 
was  prevailed  u))on  to  make  the  will,  and  attend  the  execution,  otherwise 
he  would  not  have  been  concerned  tiierein,  having  made  objections  on  ac- 
count of  Testator's  insanity,  and  weak  slate  of  mind,  and  hath  declared 
himself  to  this  effect  since  the  Testator's  death,  and  that  he  received  the 
tt.stimoni<.>s  for  the  will  from  the  Defendants,  and  that  the  said  attorney 
dt  ri>  I'd  the  apotliecary  might  be  present  at  the  execution,  to  which  the 
Def-ndants  objected. 

C  harge,  that  the  will  ought  to  be  set  aside,  and  that  the  Testator's 
real  estate  descended  to  Plaintiff  as  his  heir  at  law. 


Charging  Part  of  a  Bill  fled  hy  an  Annuity  Creditor ^ 
agaimt  the  Trustees,  under  a  Deed,  empowering  them 
to  sell  and  fall  Timber  for  re-purchasing  the  Annuity, 
charging  them  with  Misapplication,  inasmuch  as  they  ap- 
plied the  Produce  oj  the  Sale  in  discharging  the  Arrears 
of  another  Annuity  under  an  Indemnity. 

Ijut  now  so  it  is,  &c.  They  the  said  Defendants  refuse  to  comply 
with  your  Orator's  said  recjuests,  sometimes  pretending  that  (he  said  C.  S- 
never  executed  such  instrument  or  power  of  attorney  as  aforesaid,  or  any 
other  instrument  or  power  of  attorney  whatever,  for  the  purposes  afore- 
said ;  whereas  your  Orator  charges  the  contrary  of  such  pretence  to  be 
true  as  aforesaid,  and  so  the  said  Defendant  will  at  other  times  admit. 
But  then  they  pretend  that  they  the  said  Defendants,  I.  H.  I.  W.  B.  and 
W.  C.  (the  Trustees),  never  did  cause  any  timber  or  other  trees  whatever, 
which  were  growing  on  the  aforesaid  manors  and  estates,  or  any  of  them, 
to  be  felled  or  cut  down,  and  sold  and  disposed  of  under  and  by  virtue  gf 
the  said  power  of  attorney,  nor  ever  received  any  sum  or  sums  of  moneys 
arising  by  such  sale,  or  any  part  thereof,  whereas  your  Orator  charges 


28  PRETENCES,  CHARGES,  &C. 

the  contrary   thereof  to  be  true,    and  so  the  said   DefciKluiits  \v\\]  at    . 
other  times  also  admit.     But  then  tliey  pretend  that  the  said  W.  C. 
hatii  accounted  for  and  paid  the  money  arising  from  the  sale  of  the  said 
timber  to  the  Defendants,  I.  W.  and  F.  E.  (the  persons  who  hold  the 
other  annuities),  who  were  entitled  to  receive  the  same  in  preference  to 
your  Orator,  and  had  some  preferable  claim  or  lien  thereon,  and  had  ob- 
tained some  order  of  this  honorable  Court  for  the  payment  thereof  upon 
the  said  W.  C  ;,  whereas  your  Orator  charges  that  the  said  I.  W..  and 
F.  E.  had  no  lien  or  claim  whatever  thereon,  nor  any  right  or  title  to 
receive  w  call  upon  him  the  said  Defendant  W.  C.  for  the  payment  of 
the  same,  or  any  part  thereof,  or  to  compel  him  to  account  for  or  pay  the 
same,  or  any  part  thereof;  and  that  if  in  truth  any  order  of  this  honorable 
Court  was  made  respecting  the  payment  of  the  said  sum  of  money  to  the 
said  I.  W,  and  F.  E.  or  in   any  manner  relating  thereto,  yet  that  this 
honorable  Court  was  surprized  in  such  orcier,  and  \yas  not  in  any  manner 
apprized  of  the  truth  of  the  transaction  ;  and  that  the  said  W.  C.  confede- 
rating with  the  said  I.  W.  and  F.  E.  purposely  suppressed  or  concealed 
from  this  honorable  Court  the  authority  under  which  the  said  timber  had 
been  »ut,  and  the  purpose  for  which  it  was  meant  to  be  ap|>lied.     And 
your  Orator  further  charges,  that  upon  payment  being  made  to  the  said 
I.  W,  and  F.   E.  by  the  said  Defendant  W.  C.  (in  case  any  such   was 
made),  he  the  said  Delendant  required  and  look  from  them  some  indem- 
nity or  security  against  the  right  or  claim  of  your  Orator  to  such  money. 
And  your  Orator  further  charges,  that  if  the  said  sum   was  paid  by  the 
said  \V.  C.  to  the  said  I.  W.  and  F.  E.  the  same  was  so  paid  to  them 
under  the  pretence  that  considerable  arrears  were  due  to  them  as  co-part- 
ners, in  respect  of  any  annuity  granted  to  theui  ljy  the  said  C.  S.   Whereas 
your  Orator  charges,  that  the  said  I.  VV.  and  F-  E.  had,  at   the  time  ol 
Buch  payment,  by  their  receipts,  from  the  estates  and  property  of  the  said 
C,  S.  have  fully  paid  all  arrears  of  their  said  annuity ;  and  your  Orator 
charges  and  humbly  insists  that  the  said   DeA  ndants  I.  H.  W.  H.   and 
W.  C.  having  accepted  the  trusts   under  the   said  power  of  attorney, 
oucht  to  have  paid  the  said  monies  arising  by  such  sales  as  aforesaid  (after 
such  deduction  as  aforesaid)  or  a  competent  part  thereof,  to  your  Orator, 
in  or  towards  the  re-purchase  of  the  said   annuity  of  jC  and  that 

the  said  Defendant  W.  C.  having  paid  the  said  monies  arising  by  such 
sales  as  aforesaid,  contrary  to  the  directions  contained  in  the  said  power 
of  attorney,  was  guilty  of  a  breach  of  trust  in  so  doing,  and  made 
himself  personally  liable  to  answer  and  pay  this  annuity  to  your  Orator. 
And  your  Orator  further  charges,  that  the  said  J.  W.  and  F.  E.  were,  at 
or  about  the  time  of  the  making  of  the  said  power  of  attorney,  fully  ap> 
prized  of  the  same,  and  of  the  purpose  thereof,  and  did,  by  ^  letter  wri|- 


PRETENCES,    CHARGES,    &C.  29 

ten  by  their  solicitor,  fully  assent  thereto.  But  nevertheless,  the  said 
Defendants  refuse  to  comply  with  your  Orator's  aforesaid  requests.  I'o 
the  end,  &c. 

Prayer. 

And  that  an  account  may  be  taken  of  all  and  every  the  monies  which 
have  been  received  by  the  said  W.  C.  I.  H.  and  W.  B.  or  by  any 
person  by  their  order,  or  for  their  use,  for  or  in  respect  of  such 
sales  as  aforesaid.  And  that  the  said  Defendants  may  be  decreed 
to  pay  what  shall  appear  to  be  due  from  them  respectively,  upon  the 
taking  the  aforesaid  account.  And  that  the  same,  after  such  de- 
duction as  aforesaid,  or  a  competent  part  thereof,  may  be  paid  to 
your  Orator  in  or  towards  the  re-purchase  of  the  said  annuity  of 
£  upon  tlie  terms  provided  by  the  said  indenture  of  the 

day  of  And  for  further  relief,  &c. 

J.  ?. 


Pretences  and  Charges  in  a  Bill  for  Settlement  of  Part- 
nership Accounts,  where  only  an  Agent  for,  and  no  Ar- 
ticles of  Copartnership  were  executed,  impeaching  the 
Account  which  had  been  delivered  by  Defendant. 

Pretends  that  he  never  agreed  to  enter  into  partnership  with  Plaintiff, 
nor  ever  subscribed  such  memorandum  or  agreement  as  aforesaid,  or 
any  other  memorandum  or  agreement  for  that  purpose,  but  at  other 
times  admitting  the  contrary  thereof  to  be  true,  he  pretends  that  he  hath 
constantly,  from  time  to  time,  duly  and  regularly  accounted  with  Plain- 
tiff for  all  the  several  sums  of  money  received  by  him,  the  said  Defendant, 
on  account  of  the  said  partnership  business,  and  the  produce,  gains,  and 
profit  thereof,  and  that  Plaintiff  hath,  from  time  to  time,  received  his 
share  and  proportion  of  such  monies,  and  the  clear  gains  or  profits 
thereof,  after  deducting  the  necessary  outgoings  and  expences  attending 
or  relating  thereto,  to  the  said  copartnership  business,  and  that  all  the 
accounts  relating  thereto  have  been  regularly  adjusted  and  settled  down 
to  the  present  time. 

Charge  contrary. 

And  that  no  accounts  whatever  have  been  ever  adjusted  or  settled  be- 
tween Plaintiff  and  Defendant,  at  any  time  since  the  commencement  of 
the  said  copartnership,  in  any  manner  relating  thereto,  or  to  the  business 
thereof,  nor  hath  Plaintiff  received  any  sums  or  sum  of  money  whatso- 


35  PRETENCES,    CHARGES,    &,C. 

ever  from  Defendant,  on  account  of  Defondiint's  leccipts  respecting  or 
relating  to  tlie  said  copartnership,  or  the  gains  or  profits  thereof. 

Pretence  that  Plaintiff  hath  received   Monies. 

All  which  the  said  Defendant  will  at  other  times  confess,  but  then  he 
pretends  that  Plaintiff,  from  time  to  time,  since  the  commencement  of 
the  said  partnership,  received  from  clients  and  other  persons,  on  account 
of  the  said  copartnership,  and  the  business  and  profits  thereof,  sundry 
sums  of  money  to  a  large  amount,  in  the  whole,  jjnd  greatly  exceeding 
the  amount  of  the  several  sums  received  by  hira,  the  said  Defendant,  on 
tiie  same  or  the  like  account,  and  also  exceeding  Plaintiff's  moiety  or  share 
of  the  clear  profits  or  gains  of  the  said  copartnership  business. 

Charge  contranj. 

And  that  the  several  sums  received  by  Plaintiff,  on  the  account  afore- 
said, were  trifling  and  inconsiderable,  in  comparison  with  the  several 
sums  received  by  Defendant  on  the  same  or  the  like  accounts,  and  that 
the  said  several  suras  so  received  by  the  said  confederate  greatly  exceed 
his  moiety  or  share  of  the  profits,  clear  gains,  and  produce  of  the  said 
copartnership,  and  that,  upon  a  fair  balance  of  ail  accounts  relating  to 
the  matters  aforesaid,  the  said  Defendant  is  justly  indebted  to  Plaintiff  in 
a  large  sum  of  money  in  respect  thereof,  and  so  the  said  DelVndant 
knows,  and  has  reason  to  believe,  and  docs  believe,  and  so  the  .'■ame 
would  a})pear  in  case  Defendant  would  set  forth,  as  Plaintiff  humbly  in- 
sists he  ought  to  do,  a  full  and  particular  account  of  all  his  receipts  and 
payments  on  aroount,  or  iji  respect  of,  or  relating  to  the  said  copartner- 
ship business,  and  the  concerns  thereof,  and  would  produce  all  the  books 
of  account,  and  other  books  and  papers  in  which  any  entries  are  made 
relating  thereto,  in  his  custody,  possession,  or  power,  but  which  he 
nevertheless  refuses  to  do,  or  to  give  Plaintiff  any  account  thereof,  or 
any  satisfaction  relating  thereto. 

Pretence  of  an  Account  delivered. 

And  at  some  times  Defendant  pretends  that  he  hath  delivered  or  sent 
unto  Plaintiff  a  full,  true,  and  just  account  of  all  the  said  coj)artner- 
sliip,  and  the  business  or  concerns  thereof,  and  he  alleges  that  there  are 
no  errors,  omissions,  or  mistakes  therein. 

Charge. 

That  notwithstanding  Defendant  hath  delivered  unto  Plaintiff  an  ac- 
count. \\\\\c\\  he  pretends  to  be  an  account  of  all  his  receipts  and  pa}'- 


PRETENCES,    CHARGES,    &.C.  31 

iiients,  in  respect  of  the  said  copartnership,  from  the  commencement  of 
the  said  copartnership,  and  of  the  bin  incss  or  concerns  thereof,  yet  Plain- 
till"  cliarges  that  llie  said  pretended  account  is,  in  many  respects,  false, 
unjust,  and  untrue,  and  that  there  are  divers  errors,  mistakes,  omissions, 
false  and  improper  charges,  items,  and  particulars  therein,  to  the  preju- 
dice of  your  Orator;  and  that  Defendant  hath  moreover  inserted  and 
taken  credit  therein  for  several  suras  of  money,  which  were  not  actually 
paid  by  him,  and  also  for  several  other  sums  which  ought  not  to  have 
been  brought  into  the  said  account,  and  with  the  payment  whereof  your 
Orator,  or  the  said  copartnership,  is  by  no  means  chargeable ;  and  ia 
particular,  Plaintiff  charges  that  the  first  schedule  annexed  or  under- 
written, and  which  Plaintiff  prays,  &c.  contains  a  list  of  several  of  the 
omissions  made,  or  items  or  articles  omitted,  to  be  inserted  in  the  said 
account,  to  the  prejudice  of  your  Orator;  and  that  the  second  schedule, 
hereunto  annexed,  also  contains  a  list  of  several  overcharges,  or  impro- 
per charges,  or  items,  made  in  the  said  pretended  account  so  delivered 
to  Plaintiff. 

Pretence  ready  to  accounL 

All  which  Defendant  will  at  other  times  admit ;  but  thoii  he  pretends 
tliat  he  hath  been  at  all  times  ready  and  willing  to  come  to  an  account 
^^ith  Plaintiff  and  to  adjust  and  settle  all  the  accounts  relating  to  the 
matters  aforesaid,  without  suit  or  litigation. 

Charge, 

And  Plaintiff  further  charges  that  he  hath,  by  himself  and  other  per- 
sons, made  sundry  different  applications  to  Defendant  to  come  to  an 
amicable  settlement  of  the  several  accounts  aforesaid,  but  the  said  De- 
fendant hath  refused  to  comply  with  such  applications  and  requests,  and 
under  such  or  the  like,  &c. 


Pretence  and  Char^-e  in  a  Bill  to  set  aside  an  Assis^nment 
of  Effects  for  the  Benefit  of  some  Relations,  the  same  be- 
ing loithoiU  valuable  Consideration,  and  ivhen  Assignor 
was  considerably  in  Debt. 

Sometimes  pretends  that  he  hath  not,  since  the  death  of  the  said  L.I. 
his  late  father,  deceased,  possessed  any  personal  estate  or  effects  which 
were  belonging  to  him  at  the  time  of  his  death,  he  the  said  I.  I.  not  being 
possessed  of,  or  entitled  unto,  any  personal  estate  or  effects  whatsoever, 
for  that  the  said  L  I.  some   time  before  his  death,  and  in  or  about  the 


32  PRETENCES  CHARGES,  ^li. 

year  ,  executed  some  deed  or  deeds,  insfrmncnt  or  instruments,  in 

writing,  wliereby  he  as:«igned  unto  the  said  W.  I.,  or  to  some  other  person 
or  persons  in  trust  for  him,  or  for  his  use  or  benefit,  or  in  trust  for,  or  fur 
the  use  or  benefit  of  some  friend  or  relation  of  him  the  said  I.  I,  abso- 
lutely and  for  a  good  and  valuable  consideration,  all  the  personal  estate 
and  efiects  whereof  he  was  possessed,  or  unto  which  he  was  entitled,  and 
that,  by  virtue  of  the  said  assignment,  the  said  W.  I.,  or  such  other  per- 
son or  persons  in  whose  favour  such  assignment  is  pretended  to  have 
been  made,  became  well  entitled  thereto,  and  the  same  were  accordingly 
delivered  unto  him,  or  them,  by  the  said  I.  I.  in  his  life-time,  but  the 
particulars  of  such  assignment,  or  to  whom  the  same  was  made,  the  con- 
federate W.  I.  refuses  to  discover. 

Charge  Contrary. 

And  that  the  said  confederate  ought  to  admit  assets,  Sec.  on  account, 
&c.  And  Plaintiff  further  charges,  that  in  case  the  said  I.  I.  did  really 
execute  any  sucli  deed  or  deeds,  instrument  or  instruments,  in  writing  as 
are  hereinbefore  pretended  to  have  been  executed  by  him,  and  did  thereupon 
deliver  such  personal  estate  and  effects  to  the  said  W.  I.,  or  any  other 
person  or  persons,  (but  which  Plaintiffs  do  not  admit)  the  said  I.  I.  was, 
at  the  time  of  the  date  and  execution  of  the  said  pretended  deed*,  indebted 
to  several  persons  to  a  considerable  amount,  and  such  deed  or  deeds,  in- 
strument or  instruments,  were  or  was  executed  by  him,  and  such  personal 
estate  and  effects  delivered  by  him,  with  a  view  and  for  the  sole  purpose 
o(  defrauding  his  creditors,  and  to  elude  the  payment  of  the  debts  by  him 
<?ontracted ;  and  such  deed  or  deeds,  instrument  or  instruments,  and  the 
delivery  of  such  eflccts  was  and  were  voluntary  and  fraudulent,  and  without 
any  valuable  consideration  whatsoever,  really  and  honaJidepsLid  by  the  said 
W.  I.  or  the  said  person  or  persons  in  whose  favor  the  same  are  pretended 
to  have  been  made,  but  the  same  was  or  were  made  to  him  or  them  in 
trust  for  the  said  1. 1.,  or  with  intent  to  screen  his  estate  and  effects  from  his 
•creditors,  or  some  or  one  of  them,  and  to  prevent  the  same  from  being 
applied  in  payment  and  satisfaction  thereof;  that  in  case  any  considera- 
tion whatsoever  was  ever  paid  by  the  said  W.  I.,  or  any  other  person  or 
persons,  to  the  said  1. 1,  for  such  deed  or  deeds,  instrument  or  instruments, 
©r  delivery  of  such  effects,  but  which  Plaintiffs  do  not  admit,  the  whole  or 
some  part  thereof  was  returned  to  the  said  1.  I.  by  the  said  W.  I.  or  such 
other  pcrs-on  or  persons,  or  some  person  in  trust  for  him  or  them,  or  he 
or  they,  was  or  were  in  some  manner  repaid  the  same,  and  such  conside- 
ration was  merely  colorable ;  and  Plaintiffs  are  advised,  and  humbly 
insist  that  the  execution  of  such  deed  or  deeds,  instrument  or  instruments 
and  the  delivery  of  such  effects,  was  a  gross  fraud  upon  the  fair  and  just 
creditors  of  the  said  I.  I.,  and  ought  therefore  to  be  set  aside,  and  such 


PRETENCES,    CHARGES,    &C.  33 

deed  or  deeds,  instrument  or  instruments,  delivered  up  to  be  cancelled  ; 
and  that  tiie  said  VV.  I.  and  such  other  person  or  persons  to  whom  or 
in  whose  favor  such  deeds  are  pretended  to  liave  been  made,  and  such 
personal  estate  and  effects  as  have  been  possessed  and  received  by  him 
or  them,  by  virtue  or  under  color  of  such  deed  or  deeds,  instrument 
or  instruments,  or  which  were  delivered  to  him  or  them  by  the  said  I.  I. 
in  his  life-time.     But  nevertheless,  Sec. 


Pretence   of  Illegiiimaaj,    and   Charge   of   Marriage   be- 
tween Plaintiff^s  Father  and  Mother. 

Defendants  combining,  &c.  allege  some  doubts  have  arisen  concern- 
ing Plaintiff's  legitimacy  ;  and  in  consequence  of  such  doubts  the  said 
other  Defendants  have  set  up  a  claim  to  the  residue  of  the  said  Testator's 
real  estates,  pretending  that  the  said  R.  H.  was  never  married  to  A.  W., 
by  whom  he  had  Plaintiff,  and  that  therefore,  upon  the  death  of  the  said 
R.  II.,  the  equitable  interest  in  all  the  said  real  estates  descended  to 
Defendants  A.  and  B.,  as  his  heirs  at  law. 

Charge, 

That  the  said  R.  H.  was  married  to  the  said  A,  W.,  and  that  tliey  lived 
together  as  man  and  wife  for  eight  years,  and  Avere  acknowledged  and 
visited  as  sueh  by  all  their  relations,  friends,  and  acquaintance.  That 
the  baptism  of  Plaintiff  was  registered  as  the  son  of  the  said  R.  H.,  by 
the  said  A.  his  wite ;  and  that  the  burial  of  the  said  A.,  the  Plaintiff's 
mother,  was  registered  as  of  the  wife  of  the  said  R.  H.,  all  which  facts 
and  circumstances  are,  as  Plaintiff  insists,  ample  and  sufficient  evidence 
of  the  marriage  of  the  said  R.  H.  with  the  said  A.  W.,  and  clearly  prove 
the  legitimacy  of  Plaintiff,  and  that  as  being  the  undoubted  heir  at  law 
of  his  said  late  father  he  is  well  entitled,  &e. 


Pretence,  ^c.  ivhere  Defendants  claim  under  a  Recovery. 

Pretend  that  the  said  R.  A.  the  son,  in  the  year  duly  suffered 

a  Common  Recovery,  and  that  previous  to  the  executing  of  such  Re- 
covery, he  duly  executed  a  proper  deed  or  instrument  for  conveying  the 
same  to  the  person  v/ho  was  the  tenant  of  such  Recovery,  and  declaring 
that  such  Recovery  should  come  to  the  use  of  the  said  A.  B.  and  his 
heirs  for  ever,  and  that  therefore  they,  the  said  confederates,  are  well 
entitled  thereto  in  manner  aforesaid,  and  that  Plaintiff  hath  not  any  just 
right  or  title  thereto,  or  t©  any  part  thereof. 

6 


34  PRETENCES,    CHARGES,    ^C 

Charge. 

That  if  the  said  R.  A.,  the  son,  did  suffer  any  such  Recovery,  and  did 
previously  execute  any  such  deed  or  instrument,  purporting  to  be  a  convey- 
ance of,  (Src.  to  the  person  who  was  named  as  tenant  in  such  Reco- 
very, yet  no  estate  in  possession  of,  or  in  tlie  said,  &:c.  did  or  could  pass 
thereby,  the  whole  of  the  said  manor,  &c.  being  then  vested  either  in 
the  said  I.  D.,  or  the  said  A.  A.,  the  widow,  &c.  for  her  Vife,  by 
virtue  of,  &c.  whereby  the  same  were  limited  to  her  for  her  jointure,  and 
therefore,  as  your  Orator  is  advised  and  humbly  insists,  the  said  Recovery 
was  wholly  void  and  of  no  elTect. 

Inquiry. 

And  if  the  said  Defendants,  or  any,  &c.  shall  pretend  that  the  said 
R.  A.,  the  son,  ever  sufl'ered  any  Common  Recovery  of,  &c.  then,  that 
they  may  set  forth  whether  he  previously,  and  when,  executed  any  and 
what  deed  or  instrument,  purporting  to  be  a  conveyance  of  the  said,  &c. 
or  any  and  what  particulars  thereof,  unto  the  person  who  was  tenant  in 
such  Recovery,  and  whether  the  said  A.  A.,  or  D.  D.,  or  one  and  which 
of  them  were,  or  was  not  living  at  the  time  of  executing  such  deed  or 
instrument,  and  suffering  such  Recovery. 


Pretence  and  Charge  in  a  Bill  by  Vendors  against  Vendees, 
for  the  specific  Performance  of  an  Agreement. 

Pretends,  that  Plaintiff  cannot  make  a  good  title  to  the  said  premises- 
or  such  as  a  purchaser  is  bound  or  compellable  to  accept. 

Charge  the  contrary,  and  that  Phiintiffcan  make  a  clear  and  indisput- 
able title  to  the  said  estate  and  premises,  and  that  the  said  title  hath  long 
since  received  the  approbation  of  counsel;  and  that  Plaintiff  hath  caused 
an  abstract  of  the  said  title  to  be  delivered  to  the  Defendant,  or  to  his 
solicitor,  and  that  they,  nor  either  of  them  have  ever  made  any  good 
and  sufficient  objections  thereto,  but  nevertlieless,  &c. 


Pretence,  Charge,  and  Inquiry  as  to  a  Release,  or  Dis- 
charge, set  up  by  Defendants,  and  charging  Fraud  in 
obtaining  the  same. 

And  at  some  times  the  said  confederate   B.  pretends,  and  gives  out 
that  the  said  C.  in  her  life-time  executed  some  deed  or  other  instrument 


PRETENCES,    CHARGES,    &€.  35 

111  writing,  whereby,  she  acquitted  released,  and  discharged  him,  the 
said  B.  fioni  the  payment  of  all  sums  and  sum  of  money  due  from  him 
in  respect  of  the  matters  aforesaid,  and  from  all  claims  and  demands 
whatsoever  in  respect  thereof,  or  to  some  such  or  the  like  purport  or 
cflect. 

Charge. 

Charges  the  contrary  thereof  to  be  true,  and  moreover  that  the  said 
C.  never  did  make  any  such  release  or  discharge  to  him  the  said  B.,  as 
hereinbefore  pretended ;  or  if  she  did  give  or  execute  the  same  (but 
which   Plaintiff  does  not  admit)  she  was  grossly  deceived  and  imposed 
upon  in  relation  thereto,  and  that  the  same  was  obtained  from  her,  or 
?ihe  was  prevailed  on  to  execute  the  same  by  some  unfair  means  or  prac- 
tices used  in  that  behalf  by  tlie  said  B.   And  as  evidence  thereof  Plaintiff' 
charges  that  the  said  C.  never  gave  any  directions  or  instructions  what- 
soever to  any  person  to  prepare  the  same,  nor  was  the  same  drawn  or 
prepared  by  any  person  employed   by  or  on  the  behalf  of  the  said  C, 
but  that  such  pretended  release  or  instrument,  if  any  such   there  were, 
was  drawn  or  prepared  by  or  under  the  order  or  directions,  or  from  the 
instructions  of  the  said  B.  and  by  some  person  employed  by  him.     And 
Plain tifi' moreover  charges  that  no  draft  of  the  said  pretesded  release  or 
instrument  was  perused  by  the  said  C,  or  any  person  on  her  behalf,  at 
any  time  previous  to  the  execution  thereof,  nor  was  the  same  sent  to 
or   laid   before  any  person    for    such    purpose.     And    Plaintiff  further 
charges  that  the  said  pretended  release  or  instrument  was  produced  and 
brought  to  the  said  C.  ready  drawn  and  prepared  for  execution,  and  she 
never  perused  or  read  over  the  same,  nor  was  the  same  read  over  to  her, 
or  however  not  truly  in  her  hearing,  nor  were  the  contents  thereof  made 
known  or  fully  explained  to  her  at  any  time  previous  to,  or  at  the  time 
of  the  execution  thereof;  but  the  said  pretended  release  or  instrument 
was  stated  or  represented  to  her  to  be  of  some  purport,  tenor,  or  effect, 
different  from  what  the  same  really  was,  and  that  she  would  not  have 
signed  or  executed  the  same  in  case  she  had  known  or  been  fully  apprized 
of  the  real  purport,  tenor,  and  contents  thereof.     And  Plaintiff  further 
charges,  that  a  considerable  sum  of  money  was  due  and  owing  from  the 
said  B.  to  the  estate  of  the  said   C,  Plaintiff's  father,  and  also  to  the 
said  C.  or  one  of  them,  on  the  accounts  aforesaid,  at  the  time  of  the 
execution  of  the  said  pretended  release  or  instrument,  notwithstanding 
which  the  said  B.  did  not  pay  all  or  any  part  of  such  money,  nor  any 
sum  of  money  whatsoever,  as  the  consideration  for  her  executing  the  said 
pretended  release  or  instrument,  nor  did  the  said  C.  receive  any  other 
consideration  whatsoever  for  the  same ;  but  nevertheless  the  said  B.  re- 
filises  to  discover  or  disclose,  as  Plaintiff  humbly  insists  he  ought  to  da, 


36  PRETENCES,    CHARGES,    hc. 

by  whom  and  from  whose  orders  and  instructions,  and  by  wlioso  dire  c- 
tions  the  said  pretended  release  was  drawn  or  prc])ared,  and  where,  in 
whose  presence,  and  when  the  same  was  executed  by  thf>  said  C,  and 
the  names  and  places  of  abode  of  the  subscribing  witnesses  tljereto. 
And  under  the  circumstances  aforesaid  rininiilT  charges  and  in;ists  that 
the  said  pretended  release  or  instrument  (if  ever  such  was  executed) 
ought  to  be  delivered  up  to  be  cancelled,  as  having  been  fraudulently 
and  unfairly  obtained  from  the  said  C. :  but  nevertheless  the  said  confe- 
derate insists  upon  the  contrary,  and  claims  the  full  benefit  of  the  said 
pretended  release  or  instrument,  and  threatens  and  intends,  in  case  Plain- 
tiff shall  proceed  at  law  against  h'un,  touching  the  matters  aforesaid,  to 
set  up  the  said  pretended  release  or  instrument  in  bar  thereto,  or  to  any 
action  to  be  brought  in  that  behalf,  &:c. 

Inquiry. 

And  in  case  the  said  B.  shall  pretend  that  the  srid  C.  in  her  life-time 
executed  any  deed  or  other  instrument  in  writing,  whereby  she  acquitted, 
released,  or  discharged  him  the  said  B.  from  the  payment  of  all  or  any 
sums  or  sum  of  money,  due  from  him  tiie  said  B.  in  respect  of  the 
several  matters  aforesaid,  then,  that  he  may  set  furlh  the  same  in  the 
very  words  and  ligures  thereof,  and  may  produce  and  leave  tiie  «ame  in 
the  h;inds  of  his  clerk  in  Court  for  the  usual  piuposes,  and  that  the  said 
Defendant  may  set  tbrth  and  declare  whether  \ho  said  |)r(tended  release 
or  instrument  was  prepared  by  any  person,  and  whom  by  name,  employed 
by  or  on  the  beiialf  of  the  said  C,  and  whether  the  said  C.  did  ever 
really  execute  or  sign  the  same,  and  when  or  about  what  time  and  where 
she  signed  or  executed  the  same;  and  whether  she  was  not  grossly,  jor 
in  some  and  wiiat  manner  imposed  upon  in  relation  thereto,  and  that 
the  said  Defendant  may  also  set  forth  the  names  and  places  of  abode, 
of  all  and  every  the  persons  who  were  then  present,  and  whethei- they 
or  any  and  which  of  them,  or  at  any  and  what  other  time,  set  and  sub- 
scribed their  or  his  names  or  name  as  witnesses  or  witness  thereto,  in 
her  presence,  and  may  also  set  I'orth  the  places  of  abode  of  such  wit- 
nesses or  witness  thereto,  and  by  whom  such  writing  was  prepared  and 
drawn,  and  particuiarly  whether  or  not  by  liim  the  said  Defendant,  or 
by  his  orders  and  <lirections  or  procurement,  or  by  some  and  what  per- 
son or  persons  employed  by  him  in  that  behalf,  and  where  the  persons 
live  who  prepared  such  writing,  and  wlu'tlier  the  said  C.  deceased  ever, 
and  when,  and  on  what  occasion,  and  in  wiiat  m:inn<^r,  and  whether  in 
writing,  or  how  otherwise,  and  where,  gave  any  and  what  directions  or 
instructions,  and  to  whom,  for  [)rrparing  the  same,  or  declared  any  in-, 
t<»ntion  of  making  such  writing,  and  how  she  at  such  time  or  times  ex- 
pressed herself  relating  thereto;  and  tiiai  the  said  Defendants  may  set 


PRETENCES,    CHARGES,    &,C.  37 

lorlli  t'le  nnmrs  and  places  of  abode  of  all  persons  \v!io  were  present  at 
tlie  liine  or  times  of  giving  such  directions  or  instructions,  or  making 
such  declaration  or  declarations,  and  if  the  same  were  or  was  given  in 
writing-,  then  that  he  may  set  forth  whether  the  same  are,  or  are  not 
now,  oi-  at  any  and  what  time  or  times,  and  when  last  were  or  was  in 
hi^:  custody  or  power,  or  what  is  become  thereof,  and  of  whose  hand- 
writing the  same  are,  and  may  set  forth  the  same  in  the  very  words 
and  figures  thereof,  or  at  last  as  fully  and  particularly  as  he  is  bv 
any  means  able;  and  may  also  set  forth  the  particulars  of  such  di- 
rections or  instructions,  which  were  not  in  writing,  as  fully  and  as  near 
thereto  as  he  is  by  any  means  able,  and  all  and  every  the  reasons  why 
the  same  were  not  given  in  writing,  and  whether  such  writing  was  wholly 
agreeable  to  such  instructions,  or  did  not,  in  some  and  what  manner, 
difler  or  vary  therefrom,  and  for  what  reason  ;  and  whether  any  draft  or 
copy  of  the  said  pretended  release  or  instrument  was  delivered  to  the 
said  C,  or  any  and  what  person  on  her  behalf,  at  any  time,  and  how 
long  before  the  execution  or  signing  thereof,  or  why  not ;  and  whethei' 
the  said  pretended  release  was  read  over  by  her,  or  by  any  and  what 
person  on  her  behalf,  and  whether  or  not  truly  in  her  hearing  any,  or 
how  long  time  before,  or  at  the  time  of  her  executing  or  signing  the 
same ;  and  whether  any  and  what  information  and  representation  was 
then,  or  at  any  and  what  time  before  given  or  made  to  her,  and  where, 
and  by  whom,  in  whose  presence,  with  respect  to  the  nature  and  contents 
and  effect  of  such  instrument  or  writing ;  and  may  set  forth  all  and  everv 
the  particulars  of  such  information  and  representation,  and  whether  each 
and  every,  or  any  and  what  particulars  thereof  was  or  were  wholly,  or  in 
any  and  what  respect  true  or  false,  and  all  and  every  the  reasons  why 
such  false  information  or  representation  was  given  or  made;  and  whe- 
ther, at  the  time  of  executing  and  signing  the  said  pretended  release  or 
instrument,  she  by  any  and  what  means  knew  or  understood  the  opera- 
tion, nature,  or  purport  thereof,  or  whether  she  did  not  then  understand 
or  apprehend  the  same  to  be  of  some  and  what  purport  or  efl'ect  difterent 
from  what  the  same  really  was  ;  and  whether  the  said  C.  would  have 
signed  or  executed  the  seuTie,  if  she  had  known  or  been  iji  any  manner 
apprised  of  the  real  purport,  tenor,  and  contents  thereof.  And  that  the 
said  Defendant  may  set  forth  whether  a  considerable,  or  some  and  what 
sum  of  money  was  not  due  and  owing  from  him  the  said  Defendant  to 
the  said  estate  of  the  said  D.,  and  also  to  her  the  said  C,  or  to  one  and 
which  of  them  on  such  account  as  aforesaid,  or  on  some  and  what  other 
account,  at  the  time  of  the  execution  of  the  said  pretended  release,  and 
whether  the  said  Defendant  did  then  pay  all  or  any  and  what  part  of  such 
money,  or  any  and  what  other  sum  of  money,  as  or  for  the  consideration 
for  her  executing  or  signing  the  said  pretended  release  or  instrument,  or 


^8  TRETENCES,    CHARGES,    &LC.K 

whether  the  said  C.  did  really  and  bona  fide  receive  any  and  what  other 
consideration  for  the  same :  and  that  the  said  Defendant  may  set  forth  the 
red  particulars  of  such  consideration,  (if  any  such  there  was)  and  of 
what  the  same  and  every  part  thereof  consisted,  and  how  and  in  wliat 
manner,  and  when  and  where  the  same,  and  every  or  any  part  thereof  was 
paid,  given,  or  received,  and  that  the  said  Defendant  may  set  forth  whe- 
ther he  does  not  threaten  to  set  up  the  said  pn-tended  release  in  case 
Plaintiff  should  proceed  at  law  against  him,  touching-  the  matters  aforesaid 
in  bar  thereto,  or  to  any  action  brought  in  that  behalf,  &c.  May  it 
please,  &rc. 


Pretences,  Charges,  and  Liqiiirics,  in  a  Bill  brought  for 
the  Discovery  of  the  Account  upon  ichich  a  Remittance 
was  made,  Plaintiff  claiming  Part  of  it  as  a  Specific 
Remittance  for  him. 

Sometimes  pretend  that  tlicy  never  received  such  remittance  or  sums 
of  monev  as  aforesaid,  or  any  other  remittance  or  sum  or  sums  of  mo- 
ey  from  the  said  I.  C'.  on  account  of  the  produce  or  money  arising 
from,  or  by  the  sale  of  the  aforesaid  cargo  or  any  part  tl^ereof,  or  any 
directions  to  pay  or  apply  the  same.  But  at  other  times  admitting  the 
contrary  thereof  to  be  du'--,  they  pretend  that  they  have  long  since  ac- 
counted with  Plaintiff  for  the  same,  and  paid  unto  Plaintiff  one  equal 
tliird  part  thereof,  and  that  Plaintiff  hath  not  now  any  demand  on  them, 
or  either  of  them  in  respect  thereof. 

Charge  contrary,  and  so  at  other  times,  ^Vc. :  but  then  lliey  pretend 
that  the  remittances  made  unto  them  by  the  said  I.  C.  in  manner  herein- 
before mentioned,  were  made  to  them  generally  on  account  of  the  said 
I.  C,  and  not  on  the  account,  or  for  the  use  of  the  owners  or  other 
person  interested  in  the  said  cargo,  nor  on  the  particular  account  of  the 
produce  or  money  arising  by  sale  of  the  said  cargo  ;  and  that  therefore 
they  placed  the  same  generally  to  the  account  of  the  said  I.  C.  to  whom 
alone  they  pretend  that  they  are  accountable  for  the  same,  and  that  there- 
fore they  are  not  liable  to  account  for,  or  pay  the  same,  or  any  part 
thereof  to  Plaintiff,  but  that  Plaintiff  must  resort  to  the  said  I.  C.  for 
payment  or  satisfaction,  in  respect  of  the  money  received  by  him  for  the 
sale  of  the  said  cargo. 

Charge. 

Contrary,  and  also  that  the  said  bill  for  the  sum  of  £ 
or  the  sum  of  £  ,  never  was  the  property  of  the  said  I.  C. ; 

nor  was  the  same,  nor  any  of  the  money  arising  by  the  sale  of  tiie  said 


PRETENCES,    CHARGES,    &C.  39 

cargo,  remitted  or  sent  to  the  said  confederates  by  the  said  I.  C,  on  liis 
own  private  account  with  them,  or  to  be  placed  to  his  own  credit  with 
them,  but  the  same  was  meant  and  intended,  and  ought  to  be  considered 
as  a  specific  remittance  of  the  produce  or  money  arising  by  sale  of  the 
said  cargo,  to  be  placed  to  the  credit  of  the  owners  thereof,  or  of  the 
persons  interested  therein  ;  and  therefore  the  said  confederates  have  not 
nor  ever  had  any  right  or  authority  to  place  the  same  or  any  part  thereof 
to  the  general  account  depending  between  them  the  said  I.  C,  or  to  any 
other  account  tlian  that  of  the  owners  of  the  said  cargo,  to  whom  such 
money  belonged,  or  for  whose  use  and  on  whose  account  the  same  was 
remitted  or  sent  to  them  the  said  confederates,  who  are  or  ought  to  be 
considered  as  trustees  for  the  said  owners,  in  respect  of  such  money,  and 
therefore  Plaintiff  humbly  insists  that  the  said  confederates  are  accountable 
for,  and  liable  to  pay  unto  Plaintiff,  one  third  part  of  all  such  monies 
as  have  been  remitted  to  and  received  by  them  on  account  of  the  pro- 
duce of  the  sale  of  the  said  cargo.  Moreover  charges,  that  the  said 
sum  of  £  ,  was  originally  placed  by  the  said  confederates  in 

their  books  or  book  of  account  to  the  credit  of  the  owners  of  the  said 
cargo,  or  to  some  such  or  the  like  account,  and  not  to  the  credit  or  ac- 
count of  the  said  I.  C.  with  the  said  confederates,  and  so  the  same  would 
appear  in  case  the  same  confederates  would  set  forth  all  and  every  the 
entries  of  their  books  of  account  relating  to  such  remittances,  and  the 
matters  and  transactions  aforesaid,  and  would  produce  and  shew  to  the 
Plaintiff  the  books  of  account  in  which  such  entries  were  made,  and 
which  Plaintiff  humbly  insists  they  ought  to  do,  but  which  nevertheless 
they  refuse  to  do.  And  Plaintiff  moreover  charges,  that  the  said  confe- 
derates for  some  time  after  the  aforesaid  remittances  were  made  to  them 
by  the  said  I.  C.  meant  and  intended  to  account  for  and  pay  unto 
Plaintiff  his  third  part  or  share,  or  such  other  part  or  share  as  he  was 
entitled  to,  of  and  in  the  produce  of  the  sale  of  the  said  cargo,  and 
which  was  remitted  or  sent  to  the  said  confederates  as  aforesaid,  but  that 
the  said  I.  C.  having  become  insolvent,  or  in  desperate  circumstances, 
and  being  indebted  to  them  in  some  very  large  or  considerable  sums  of 
money,  they  have  formed  a  plan  or  sclieme  to  discharge  or  reduce  the 
debt  due  and  owing  to  them  by  the  said  I.  C.  by  placing  the  produce  of 
the  sale  of  the  said  cargo  so  remitted  to  them  as  aforesaid,  to  the  ac- 
count of  the  said  I.  C.  and  applying  the  same  as  the  property  and  effects 
of  the  said  I.  C.  and  that  the  yaid  confederates  never  meant  or  intended 
to  apply  the  same  in  that  manner,  or  to  place  the  same  to  the  separate 
account  of  the  said  I.  C.  until  he  became  insolvent  or  in  desperate  cir- 
cumstances; and  that  they  would  not  have  attempted  the  same  in  case 
the  said  I.  C.  had  continued  solvent  or  in  good  circumstances,  and  that 
the  said  confederates  considered  themselves  a;  debtors  to  the  said  owners 


4^  PRLTENCCS,    CHARGES,    &.C. 

of  the  said  cargo  for  \h^  amount  of  the  said  monies  so  received  from 
the  said  I.  C.  particularly  to  PlaintilTfor  liis  part,  sliare,  or  proportion 
thereof,  until  the  said  I.  C.  became  insolveiit  or  in  desperate  circum- 
stances, or  until  they  suspected  the  solvency  or  responsibility  of  the 
said  I.  C. 

Charge. 

Further  charges,  that  besides  the  several  letlers,  papers  and  writings 
hereinbefore  mentioned,  and  charged  to  be  in  the  custody  or  power  of 
the  said  confederates,  they  the  said  Defendants  have  now,  or  lately,  or  at 
some  time  had  in  their  or  one  of  their  custody  or  power,  sundry  let- 
ters, notes,  or  written  messages,  copies,  drafts,  abstracts,  or  extracts  of 
letters,  notes,  or  written  messages,  which  were  written  or  sent  by  them 
the  said  confederates,  or  one  of  them,  or  received  by  them  from  or  which 
passed  between  them,  or  one  of  them,  and  the  said  I.  C.  and  W.  H.  or 
some  other  person  or  persons,  relating  to  the  matters  and  transactions 
aforesaid,  and  particularly  the  remittance  made  unto  tliem  the  said  confe- 
derates in  manner  aforesaid,  on  account  of  the  produce  or  money  arising 
by  the  sale  of  the  said  cargo ;  and  aLo  various  other  papers  and  letlers, 
meniorandmns  and  writings,  relating  to  or  in  some  manner  concerning  the 
said  matta's  and  transactions,  unless  the  said  confederates  have  wilfully 
and  intentionally  burnt,  destroyed,  altered,  obliterated,  or  defaced  the 
said  letters  and  other  papers,  which  in  case  the  same  was  done,  was  with 
a  view  to  prevent  a  production  thereof,  and  of  the  several  matters  and  in- 
formation therein  contained. 


Pretence  and  Charge  in  a  Bill  for  the  Payment  of  an 
Annuity  charged  on  an  Efitate  lately  purchased  by 
Defendant,  charging  him  with  Notice. 

And  at  some  times  the  said  confederate  pretends,  tliat  he  purchased 
the  said  estate  and  premises  for  a  full  and  valuable  consideration,  without 
notice  of  the  said  annuity  or  yearly  rent-charge  thereon,  ami  therefore 
he  insists,  that  although  the  said  yearly  rent-charge  may  not  have  been 
redeemed,  yet  he  ought  not  to  be  affected  thereby. 

Charge,  not  a  valuable  consideration. 

('hargc,  that  the  money  paid  by  the  said  confederate  for  the  purchase  of 
the  said  estate  and  premises,  was  not  a  full  and  valuable  consideration  for 
the  absolute  purchase  of  the  fee-simple  and  inheritance  thereof,  fn^e 
from  the  said  yearly  rent-charge,  and  that  he,  or  some  attornev^or  agent 
'oncerned  for  him  in  or  about  such  purchase,  or  preparing  the  convey- 


pr.r/rcNCKS,  charges,  &:(:.  41 

ance  execut<  <1  on  tlie  occasion,  before  or  at  t!ie  lime  of  the  execution 
tlu'reof,  or  payment  of  such  purchase-money  or  some  part  thereof,  had 
some  knowledge,  notice,  information,  belief,  or  suspicion,  or  reason  for 
belief  or  suspicion,  and  did  in  his  conscience  believe  or  suspect,  that  the 
said  estate  and  premises,  or  some  part  thereof,  were  or  had  been  sub- 
ject or  chargeable  with  the  payment  of  the  said  annuity  or  yearly  rent- 
charge,  and  particularly  the  said  Defendant,  or  such  attorney  or  agent, 
before  or  at  such  time  read,  or  had  in  his  custody,  or  saw,  a  copy,  ab- 
stract, or  exti  act  of  the  grant  of  the  said  yearly  rent-charge,  and  also 
some  receipt  or  recei|)ts  for  tlie  same,  and  some  letter  or  letters,  or 
copies,  drafts,  or  extracts  of  some  letter  or  letters  relating  thereto.  And 
the  said  yearly  rent-charge  was  deducted  or  mentioned  in  some  particular 
ol  the  said  estate  and  premises  which  was  delivered  to  him  the  said  De- 
fendant, or  some  attorney  or  agent  for  him,  previous  to  his  purchase 
thereof;  and  regard  was  had  thereto  in  settling  the  price  to  be  paid  by 
the  said  Defendant  for  the  said  estate  and  premises,  by  deducting  a  con- 
siderable sum  as  the  value  of  the  said  yearly  rent-charge;  and  out  of 
the  value  of  the  said  estate  and  premises  to  be  sold  free  from  such 
charge,  and  a  further  deduction  was  also  made  thereout,  in  respect  of 
the  great  arrears  of  the  said  yearly  rent-charge  at  that  time,  and  the 
said  yearly  rent-charge  was  excepted  or  otherwise  mentioned  in  the  con- 
veyance of  the  said  premises  to  the  said  confederate,  or  otherwise  by 
some  covenant  or  clause  in  such  conveyance,  or  by  some  separate  deed 
or  writing,  he  the  said  Defendant  was  indemnified  against  any  demand  in 
respect  of  the  said  yearly  rent-charge,  or  the  arrears  thereof,  or  to  some 
such  or  the  like  elfect.  And  therefore  Plaintifl'is  advised,  and  humbly 
insists,  that  the  said  estate  and  premises  are  now  liable  to  the  payment 
of  the  said  annuity  or  yearly  rent-charge  and  the  arrears  thereof. 


Pretence  of  Mortgage^  in  a  Bill  brought  for  Sale  or  Mort- 
gage of  Estates. 

And  the  said  confederate  pretends,  that  the  said  estate  and  premises 
have  been  duly  conveyed  to  him  by  way  of  mortgage  tor  securing  the 
principal  sum  of  £  or  some  other  principal  sum  or  sums,  with  in- 

terest for  the  same,  and  therefore  he  refuses  to  join  in  any  sale  or 
mortgage  of  the  said  premises  for  the  purposes  aforesaid,  unless  his 
said  principal  money  and  interest  sliall  be  in  the  first  place  paid  and  sa- 
tisfied, although  he  refuses  to  discover  the  particulars  of  such  mortgage, 
or  how  much  is  due  to  him  for  principal,  and  how  much  for  intevest 
thereon. 

7 


42  preti:nci:s,  chargks,  &,c. 

Pretence  that  a  Legacy  and  Annuity  left  to  Plaintiff]  were 
in  Discharge  of  a  Bond  and  of  her  Dower. — Charge 
contrary. 

That  in  the  year  ,  the  Defondants  T.  and  W.  P.  paid  Plaintlft" 

A.  the  sum  o(  £  ,  secured  b}'  said  bond  as  aforesaid  but  as  to  the 

said  legacy  and  her  said  annuity,  they  under  various  pretences  decline  to 
pay  the  same,  and  particularly  pretend,  that  Testator  made  no  such  will, 
and  if  he  did,  they  disj>utc  the  validity  thereof;  and  the  Defendants 
insist,  that  the  sum  of  £  in  or  by  the  said  bond  or  obligation  made 
payable  to  PlaintilV,  was  by  the  said  Testator  intended  to  be  satisfied  and 
discharged  by  the  said  legacy  of  £  bequeathed  to  her  by  said  will, 
as  well  as  by  the  said  annuity  of  <£  per  ann.  therein  devised  to  Plaintiff, 
and  that  Defendants  having  satisfied  and  paid  such  sum  of  £  ,  she  is 
entitled  to  no  fmllier  benofit  under  said  will,  whereas  Plaintifi"  insists 
that  she  was  entitled  to  both.  And  Deft-ndants  insist  that  Plaintiff  is 
not  entitled  to  dower  out  of  ihe  real  estates  of  the  said  Testator,  but 
that  the  annuity  of  £  per  annum,  given  and  bequeathed  to  Plaintiff, 
was  by  the  Testator  intended  to  go  in  satisfaction  of  Plaintiff's  dower, 
or  thirds  at  common  law,  of  the  whole  real  estate  of  the  said  Testator, 
and  that  she  ought  to  be  put  to  her  election,  vvhether  she  will  abide  by 
said  annuity  of  £  per  annum,  or  insist  on  her  dower  of  said  real 

estate  of  said  Testator,  but  that  she  ought  not  to  be  permitted  to  enjoy 
said  annuity  and  her  said  dower  at  one  and  the  same  time.  Plaintiff 
insists  that  said  annuity  of  £  per  annimi,  is  by  no  means  an  e(|uivalent 
in  point  of  value  to  Plaintiff's  dower  of  all  the  real  estates  oi  the  said 
Testator,  and  in  the  next  place,  because  said  annuity  is  merely  and  only 
charged  on  that  part  of  the  real  estate  of  Testator  which  by  his  will  is 
devised  and  given  to  DeA^ndant  T.  P.  And  Def'Mulants  insist,  that  sup- 
posing that  said  Testator  did  make  siirh  will  as  stated  in  said  Bill,  yet 
said  Testator  did  not  thereby  charge  his  real  estate  with  ihe  payment  of 
his  debts  and  legacies,  but  merely  and  only  with  the  said  two  arniuities. 
Charge,  that  said  Testator  T.  P,  being  the  absolute  proprietor  of  his 
real  and  personal  estates,  and  haviiig  by  his  said  will  directed  and  or- 
dered that  all  the  legal  debts,  legacies,  and  funeral  expenses  should  be  in 
the  first  place  paid  and  discharged,  amounts  to  a  chatge  of  all  his  said 
debts  upon  his  said  real  estates ;  and  in  case  it  should  appear  that  the 
personal  estate  of  Testator  is  sufficient  to  satisfy  his  debts  and  legacies, 
whirh  Plaintiff  in  no  sort  admits,  then,  and  in  that  case  the  real  estate  of 
baid  lestalor,  or  so  much  thereof  as  shall  be  sufficient,  ought  to  be 
sold  and  disposed  of,  and  that  out  of  the  money  to  arise  by  such  sale, 
Plaintiffs  said  Kgacy  of  £         ought   to   be   paitl,  and  that  such   estate 


PRESENCES,    CHARGES,    ScC  43 

ought  to  be  sold  and  disposed  of  subject  to  said  annuity  of  £  per 
annum,  as  well  as  to  her  dower  oi  thirds  of  the  real  estate  of  said  Tes- 
tator ;  and  the  Defendant  T.  P.  ouuht  to  pay  Flaintift'  the  arrears,  as 
well  as  future  growing  payments  of  the  said  annuity  of  <;£'  per  annum, 
so  fharc;ed  on  the  real  estate,  and  so  devised  to  him.  And  Defendants 
ought  likewise  to  be  compelled  to  pay  Plaintiff  her  dower  or  thirds  at 
common  law,  out  of  and  in  respect  of  all  the  real  estates  of  said  Tes- 
tator, and  that  Plaintiff's  title,  as  well  as  her  dower  as  to  the  said  an- 
nuity of  £  per  annum,  ought  to  be  establiihed  and  declared  by  the 
decree  of  the  Cuurt. 


Charge  in  a  BUI  by  Vendee  against   Vendor,  for  the  spe- 
cif c  Performance  of  an  Agreement. 

That  soon  after  the  making  and  entering  into  the  aforesaid  contract, 
riai')li!T  made,  or  caused  to  be  made,  sundry  improvements  and  additions 
to,  in,  or  upon  the  said  premises,  in  confidence  of  the  faithful  perform- 
ance of  the  said  agreement  on  the  part  of  the  said  Defendant,  and  that 
he  exhausted  sundry  sun)s  of  money  thereon,  to  the  amount  of  several 
hundred  onuiids  in  the  whole,  and  that  such  improvement  and  additions 
were  ni;i'!e  with  tlse  knowledge  or  privity  of  the  said  Defendants,  who 
permiUed  Plaintiff  to  go  on  and  proceed  therewith  without  making  any 
objections,  or  intimating  to  Plaintiff  his  intention  of  refusing  to  abide  by 
the  said  contracts,  or  to  perform  the  same. 

Charge. 

And  rlmrges,  that  Defendant  never  meant  or  intended  to  object,  or 
thought  of  objecting  to  the  said  agreement,  or  to  the  perf()rman<'.e 
thereof  on  his  part,  until  plaintiff  had  so  made  or  begun  such  improve- 
ments and  additions,  and  as  an  evidence  thereof,  &c. 


Pretence  and  Inquiry,    ichere   the  Attorney- General  is  a 
Party,  on  Account  of  a  Debt  due  to  the  Crown. 

Defendants  pretend  that  the  said  Testator  was  in  his  life-time,  and  at 
the  time  of  his  death,  greatly  indebted  on  bond  and  otherwise,  and  |)ar- 
ticularly  that  a  large  sum  of  money  was  due  and  owing  from  him  to  Ills 
Majesty,  in  respect  of  the  balance  of  the  said  Testator's  accounts  as 
Receiver  of  the  land  tax  and  otherwise,  and  his  Majesty's  Attorney-Ge- 
neral, on  behalf  of  his  Majesty,  claims  a  large  debt  to  be  owing  to  his 
Majesty  on  such  account,  but  refus^es  to  discover  the  particulars  of  such 
debt,  &c. 


44  PRETENCES,    CHARGES,   &:c. 

Inquinj. 

Tliat  Iiis  Majesty's  Altornpv-Gcnrial  may  answer  anrl  ?Pt  forth  whe- 
ther any  and  wliat  sum  of  nionry  is  now  remaining  due  to  his  Majesty^ 
>i)  respect  of  any  and  what  debt  or  del)ts  wliith  was  or  were,  in  any  and 
vhat  manner,  and  on  what  account  owing  to  his  Majesty  from  the  said 
Testator  at  the  time  of  his  death  ;  and  whether  the  whole  or  any,  and 
what  part  of  such  money  was  secured  by  any  and  what  de«d  or  deeds^ 
vriling  or  writings,  and  where  and  by  whom  executed,  and  may  set 
forth  the  debts  and  material  contents  thereof. 


Charge  by  Residuary  Legatees  against  Executors,  for  sell- 
ing the  lorong  Stock,  ichereby  they  diminished  their  Re- 
versionary Interest. 

And  your  Orator  further  charges,  that  a  part  of  the  personal  estate  of 
the  said  Testator  consisted  of  Jniperial  Annuities  for  years  only,  and 
other  part  thereof  consisted  of  funds  or  stock  of  a  permanent  nature, 
and  that  the  said  Defendants  the  Executors  sold  out  part  of  the  perma- 
nent funds  for  the  payments  of  debts  and  legacies,  and  have  kept  the 
whole  of  the  said  Imperial  Annuities,  wher.by  they  have  increased  the 
annual  income  of  the  said  Defendant  A.  II.  to  the  prejudice  of  the 
reversionary  interest  of  your  Orator  in  the  residuary  'pstalt!  of  the  said 
Testittor. 


Pretence,  Charge,  and  Inquiry,  as  to  ihr  due  Execution 
of  a  Will,  in  a  BUI  brought  to  eslaldish  a  IVilL 

But  then  he  pretends  that  the  said  A.  did  not  make  such  will  in  writ- 
ing, or  however  tiiat  he  was  not  of  sound  and  disposing  mind  and  me- 
mory at  the  time  of  making  the  same,  or  that  he  was  imposed  ujjon  in 
the  making  thereof,  and  that  therefore  the  same  ought  not  to  have  any 
effect  as  his  will,  and  consequently  that  neither  of  the  said  Plaintiffs 
hajh  any  ri^ht  to  th<-  said  premises,  but  that  upon  the  «lealh  of  the  said 
Testator  the  nies&uages,  Sec.  descended  to  hiiu  the  s^id  liefendanl  as  his 
heir  at  law. 

Charge. 

The  contrary,  and  that  tliesaid  A.  ilid  really  make  such  last  will  and 
testament  as  albresaid,  and  that  he  was  at  the  time  of  making  the  same 


PRETENCES,  CHARGES,  &C.  45 

of  sound  and  disposing  mind,  memory,  and  understanding,  and  tliat  he 
was  not  in  any  manner  imposed  upon  therein,  or  in  relation  thereto,  and 
that  the  same  was  prepared  by  his  direction  of  and  from  instructions 
given  i)y  him,  and  that  the  same  was  read  over  by  him,  or  some  person 
in  his  hearing,  before  or  at  tlie  time  of  his  executing  the  same,  and  that 
lie  then  well  knew  and  understood  the  contents  and  meanin<T  thereof. 

Inquiry. 

Whether  the  said  A.  did  not  make  some  such  will,  &c.  Whether  he 
was  not  of  sound,  &c.  Whether  the  same  was  not  prepared  by  his  di- 
rections. And  whether  he  did  not  give  instructions,  and  to  whom,  for 
preparing  the  same.  And  whether  the  same  was  not  read  over  by  him, 
or  by  some  and  what  person  in  his  hearing,  some  and  how  long  time 
before,  or  at  the  time  of  his  executing  the  same.  And  whether  he  did 
uot  fully,  or  in  some  and  what  degree  know  and  understand  the  purport 
and  contents  of  such  will,  at  the  time  of  his  executing  the  same.  And 
whether  he  was  in  any  and  what  manner  imposed  upon  therein,  or  in 
relation  thereto,  and  may  set  forth  all  and  every  the  particulars  of  such 
impositions. 


Pretence,  Charge,  and  Prayer,  in  a  Bill  for  Redemption  of 
Premises  mortgaged  to  Defendant. 

Defendant,  J.  S.  pretends  that  the  rents  and  profits  of  the  said  mort- 
gaged premises,  during  his  possession  thereof,  have  not  been  more  than 
sufficient  to  keep  down  the  interest  on  the  principal  sum  paid  by  hin» 
as  the  contractor  for  the  said  assignment  of  the  said  mortgage. — 
Whereas  Plaintiff  charges  the  contrary  thereof  fo  be  the  truth  ;  and  so  it 
would  appear,  if  the  said  Defendant  would  set  forth,  as  he  ought  to  do,  a 
full,  true  and  perfect  rental  and  particular  of  all  and  singular  the  said 
mortgaged  premises,  and  by  whom  the  same  have  been  respectively  occu- 
pied, since  the  possession  thereof  by  the  said  Defendant,  and  at  what 
yearly  and  other  rent  and  value,  and  a  full  and  true  account  of  all  and 
every  sum  and  sums  of  money  received  by  the  said'  Defendant,  or  for  his 
use,  for  the  rents  and  profits  of  such  premises,  and  when  and  from  whom, 
and  for  what  in  particular  the  same  were  so  received. 

Charge,  that  the  said  Defendant  hath,  from  time  to  time,  kept  account 
of  the  rents  and  profits  of  the  said  premises,  as  the  mortgagee  thereof,  and 
hath  in  other  respects,  long  since  the  said  assignment  so  made  to  him  as 
aforesaid  treated  and  considered  himself  as  the  mortgagee  of  the  said 
premises ;  and  in  particular  Plaintiff  charges,  that  the  said  Defendant, 
some  time  since,  caused  a  bill  for  the  foreclosure  of  the  equity  of  redemp- 


46  PRETENCES,    CHARGES,    &('. 

tion  of  the  said  mortgage,  to  be  filed  in  some  court  of  equit}',  or  to  be 
prepared  for  that  purpose;  and  the  said  Defendant,  at  some  time,  pre- 
tends that  the  said  equity  of  redemption  was  abNohitely  foreclosed  by  the 
decive  of  some  competent  court,  but  the  particulars  tliereof,  and  in  what 
court  the  said  defendant  refuses  to  discover. 

Charges,  that  if  any  such  decree  was  made,  that  the  same  is  not 
binding  upon  Plaintifi",  inasmuch  as  the  said  G.  A.  wjio  was  then  entitled 
to  the  said  equity  of  redemption,  was  not  a  party  thereto. 

Prayer. 

Charges,  that  the  said  Defendants,  M.  S.  I.  S.  and  M.  B.  claim  some 
right  and  interest  in  the  premises ;  but  how-  they  make  out  the  same 
they  respectively  refuse  to  discover.  Ail  which,  d'c.  That  an  ac- 
count may  be  taken  of  the  principal  money  paid  by  the  said  De- 
fendant J.  S.  on  the  assignment  of  the  said  mortgage  so  made  to 
him  as  aforesaid,  and  of  the  interest  which  hath  since  accrued  th^'re- 
on  ;  and  also  an  account  of  the  rents  and  piofits  of  the  said  mort- 
gaged premises,  which  have  been  possessed  or  received  by  the  said 
Defendant,  or  any  other  person  or  persons  by  his  order  or  for  his 
use,  or  which  without  his  wilful  default  or  neglect,  might  have  been 
received,  and  what  shall  be  coming  on  account  of  the  said  rents 
and  profits,  may  be  applied,  in  the  first  place,  in  payment  of  the 
interest,  and  then  in  sinking  the  principal  due  to  the  said  Defendant, 
on  the  said  mortgage,  and  the  residue,  if  any,  paid  over  to  Plaintiif; 
and  that  the  said  Defendant,  in  such  case,  or  if  it  shall  appear  that 
any  thing  is  remaining  due  to  the  said  Defendant  on  the  said  mort- 
gage, then,  upon  payment  by  riainlifTof  what  is  due,  may  be  de- 
creed to  assign  the  said  mortgaged  premises  to  riaintiH".  or  to  whom 
he  shall  appoint,  free  from  all  incumbrances,  done  by  him  tlie  said 
Defendant,  and  may  deliver  up  the  possession  of  the  said  mortgaged 
premises  to  Plaintiff',  together  with  all  dtcds  and  writings  relating 
thereto.     [And  for  general  relief.] 


Charge  and  Inquiry,  as  to  Entries  and  Letters. 

And  so  the  same  would  appear,  from  divers  entries  and  memoranda, 
or  some  entry  or  memorandum  made  by  them,  the  said  confederates,  or 
one  of  tliem,  in  and  upon  some  books  or  book  of  account,  papers,  or 
paper,  writings  or  writing,  in  their  or  one  of  their  custody,  possession,  or 
power,  unless  they  have  wilfully  or  negligently  lost  or  destroyed,  defaced 
or  altered  the  same,  and  also  from  divers  letters  which  passed  between 
them  or  one  of  them,  and  the  said  W.  INI.  or  Plaintifl',  and  the  same  or 


PRETENCES,    CHARGES,   &C.  47 

some  copy  or  copies,  extracts  of  extract  thereof,  or  therefrom,  now  also 
are  or  is  in  their,  or  one  of  their  custody,  possession,  or  power,  unless 
they  have  wilfully  and  designedly  lost  or  destroyed,  obhterated  or  de- 
faced the  same,  &:c. 

Inquiry. 

And  that  the  said  confederates  may  set  forth,  whether  they,  or  one  and 
which  of  them,  or  some  and  what  persons  or  person,  on  their  or  one  and 
which  of  their  behalf,  have  or  hath  not  made   some  and  what  entries  or 
memoranda.,  entry  or  memorandum,  in  or  upon  some  and  what  books  or 
book  of  account,  papers  or  paper  writings  or  writing,  of  or  concerning 
all  or  some  or  one,  and  which  of  the  matters  aforesaid.     And  whereas 
all  or  some,  or  one  and  which  of  such  papers  or  writings,  are  or  is   not 
now,  or  at  some  and  what  time  or  times,  and  when  last  in  the  custody, 
possession,  or  power,  of  them  the  said  Defendants,  or  one  and  which  of 
them,  or  some  and  what  persons  or  person,  on  their  or  one  and  which  of 
their  behalf,  or  what  are  become  of  the  same  respectively.    And  that  they 
may  also  set  forth  a  full,  true,  and  exact  list  or  schedule  thereof,  and 
may  produce  and  leave  all  such  last  mentioned  books,  papers,  and  writ- 
ings in   tlie  hands  of  their  clerk  in  Court,  for  the  usual  purposes.     And 
whether  any  such  entries  or  memoranda,  or  any  and   which  of  them,  or 
some  and  what  parts  or  particulars  thereof  respectively  have  or  hath 
been,  since  the  making  thereof  respectively,  in  any  and  what  manner,  al- 
tered, obhterated,  defaced,  burnt,  tore,  or  otherwise  and  how  destroyed, 
and  when  and  by  whom,  and  whether  or  not  b)'  the  direction  or  with  the 
consent  or  privity  of  them  the  Defendants,  or  one  and  which    of  them, 
and  whether  or  not  intentionally  or  designedly,  and  for  what  purpose,  and 
with  what  view,  intent,  or  design.     And  whether  some,  and  what  letters 
or  letter,  written  messages  or  message,  did  not,  and  when,  pass  between 
them  the  said  Defendants,  or  one  and  which  of  them,  and  the  said  W.  M. 
or  Plaintiff,  touching  or  concerning  all,  or  some  or  one  and   which  of 
the  matters  aforesaid.     And  v/hether  all  or  some  or  one  and  which   of 
such  letters,  or  some  and  what  drafts  or  draft,  copies  or  copy  thereof,  ab- 
stracts or  abstract,  extracts  or  extract  therefrom,  are  or  is  not  now,  or  at 
some    and    what   times  or  time    when   last   were,    or    was  not  in  the 
custody,   possession,    or    power  of  them   the  said  Defendants,   or  one 
and  which  of  them,  or  some    and   what  persons  or    person,   or   their 
or  some    or   one,  and   vvhich    of  their    behalf,  or  what   are  or  is-    Ue- 
'come  thereof.     And  that  they  may  set  forth  a  true  and  exact  list  oi  sche- 
dule thereof,  and  may  leave  all  such   last  nieniioned  letters,  drafts,  copies, 
abstracts,  or  extracts,  in  the  hunds  of  their  clerk  in  Court,  for  the  usual 
purposes.     And  whether  such  letters,  or  any  and  which  of  the.Di,  have  or 
hath  been  burnt,  torn,  or  olhc;wise,  and  how  ob!i;eratcd.  destroyed,  al- 


iij  PllErENCES,  CHARGES,  ScC. 

Icrcd,  or  defaced  and  wlien  and  by  whom.  And  wlietljer  or  not  by  ihe 
directions,  or  with  the  privity  or  consent  of  thcni  the  said  Defendants, 
or  one  and  which  of  tliera,  and  whether  or  not  intentionally'  or  designed- 
ly, and  for  what  purpose,  and  with  what  view,  intent,  or  design. 

And  your  Orator  cliarges,  that  several  letters,  notes,  and  messages, 
have  been  written  and  sent  to  and  from,  and  passed  between  the  Defen- 
dants respectively,  and  some  other  person  or  persons,  touching  and  con- 
'.•erninG:the  several  transactions  and  matters  aforesaid,  or  some  of  them,  re- 
lating thereto,  and  all  or  most  of  them,  or  some  drafts,  copies,  extracts, 
minutes,  and  mcijioraudn  thereof,  now  are  or  lately  were  in  the  custody  or 
power  of  the  Defendants,  or  some  or  one  of  them,  or  some  person, 
with  their  privity ;  and  they  can  and  ought  to  produce  and  slate  the  con- 
tents thereof,  and  the  Defendants,  some  or  one  of  them,  or  some  person, 
with  their  privity,  have  or  lately  had  in  their  custody  or  ])ower,  several 
deeds,  instruments,  letters,  papers,  and  writings,  or  drafts^  copies,  extracts, 
minutes,  or  »ie;Ho/-o?j^rt,  of  deeds,  instruments,  letters,  papers,  and  writ- 
ings, whereby  the  means  t<nd  contrivance  made  use  of  by  Defendants 
to  disajjpoint  your  Orator,  and  all  or  most  of  the  transactions  and  matters 
herein  stated,  or  some  of  them,  will  appear  or  in  anyu'ise  tending  to  a 
discovery  thereof,  and  partly  all  or  mo;  t  of  the  deeds,  instruments,  letters, 
papers  and  writings,  hereinbefore  mentioned,  or  referred  to.  or  copies, 
drafts,  minutes,  extracts,  or  memoranda  of  the  same,  and  wliich  would 
materially  assist  and  enable  your  Orator  to  commence  and  prosecute  the 
intended  action  and  actions  to  be  brought  by  and  at  the  suit  of  your  Orator, 
against  the  Defendants  respectively,  provided  he  would  compel  a  produc- 
tion and  discovery  thereof,  but  which  he  is  unable  to  do,  or  obtain  a  full 
and  fair  discovery,  touching  the  transactions  and  matters  aforesaid,  with- 
out the  asbistance  of  a  Court  of  Kquity. 

Inquiry. 

And  whctlier  some  and  what  letters  or  letter,  notes  or  note,  messages 
or  message,  have  or  hath  not  been  written  or  sent  to  or  from,  or  passed 
between  the  Defendants  respectively,  or  some  of  them,  or  some  other 
person  or  persons,  touching  the  transactions  or  matters  aforesaid,  or  some 
and  which  oi  them,  relating  thereto,  and  where  and  in  whose  custody  or 
power  are  the  same  and  eadi  and  every  of  then),  or  what  is  become  there- 
of, and  uhetiier  all  and  every,  or  some  and  whicii  of  them,  or  some  and 
what  drafts,  copies,  extracts,  minutes,  or  memoranda  thereof,  or  of  some 
and  w  hich  of  them,  are  or  is  not  now.  or  lately,  or  some  time,  and  wheri 
last,  were  or  was  in  the  custody  or  power  of  the  Defendants  respectively; 
or  which  of  them,  or  some  and  what  person,  with  their  and  which  of 
their  privity;  and  that  the  Defendant  may  severally  state  a  list  or  sche- 
Hule  thereof,  and  produce  and  leave  than  in  the  hands  of  their  elerk  in 


PRETENCES,    CHARGES,    &C.  49 

court,  for  the  usual  purposes  ;  aixJ  whetlier  the  Defendants,  and  which  of 
them,  or  some  and  what  person,  with  their,  or  whicii  of  their  privity, 
have  or  hath  not  now,  or  lately,  or  some  time,  and  when  last,  had  in 
their,  or  which  of  their  custody  or  power,  several  or  some,  and  what 
deeds  or  deed,  instrument  or  instruments,  letters,  papers,  or  writings,  or 
some  and  what  drafts,  copies,  extracts,  memorandum  or  memoranda  of 
the  same,  or  which  of  them,  whereby  all  and  every,  or  some,  and  which 
of  the  transactions  or  matters  hereby  alleged  or  inquired  after,  will  ap- 
pear, or  tending  to  a  discovery  thereof;  and  that  the  Defendants  may 
severally  state  a  list  thereof,  and  produce  and  leave  the  same  in  the  hands 
of  their  clerk  in  Court,  for  the  usual  purposes. 

Prayer, 

And  that  your  Orator  may  have  a  full  and  fair  disclosure  and  discovery 
of  all  and  every  the  matters  and  transactions  hereby  alleged  and 
inquired  after,  in  order  to  enable  him  to  bring  and  support  an  action 
or  actions  at  law,  at  his  suit,  against  the  defendants  respectively, 
touching  the  premises  and  matters  aforesaid,  and  to  aid  and  assist 
him  with  evidence  for  that  purpose. 


Charge,  Inquiry,  and  Prayer,  in  a  Bill  against  Execu- 
tors, for  an  Account  of  Leaseholds  and  Household 
Goods,  ^c. 

Charge  the  contrary  thereof  to  be  the  truth  ;  and  so  it  would  appear 
if  the  said  Defendants  would  set  forth,  as  they  ought  to  do,  a  full,  true, 
and  particular  account  of  all  and  every  the  leasehold  houses,  messuages, 
tenements,  and  premises,  of  which  said  Testator  died  possessed,  or  en- 
titled to,  and  under  whom  and  at  what  rents,  and  for  what  terms  the 
same  are  respectively  holden,  and  what  are  the  rack  rents  or  annual  value 
thereof,  and  what  hath  been  received  by  them  in  respect  of  sucli  rents, 
since  the  death  of  the  said  Testator.  And  also,  a  full,  true,  and  parti- 
cular account  of  the  household  goods,  furniture,  stock  in  trade,  plate, 
watches,  rings,  and  jewels,  of  which  the  said  Testator  was  possessed  at 
the  time  of  his  death,  and  of  the  debts  due  and  o\ying  to  him,  and  of  all 
other  the  personal  estate  and  effects  of  the  said  Testator.  And  also  a 
ftill,  true,  and  particular  account  of  the  manner  in  which  said  Defendants 
have  disposed  of  or  applied  the  same  respectively.  But  which  the  said 
Defendants  refused  to  do.  To  the  end,  therefore,  that  the  said  Defen- 
dants may  set  forth,  fe. 


8 


50  TRETtNCES,  CHARGE?,  Scc 

Prayer. 

(Tlic  interroc^aton'  will  be  verbatim  the  same  as  the  charging  part.) 
and  that  the  said  Defendants  may  answer  the  premises,  and  that 
an  account  may  be  taken  of  the  personal  estate  and  eflects  of  said 
Testator,  which  have  been  possessed  by  or  come  to  the  hands  or  use 
of  said  Defendants,  or  either  of  them.  And  also  an  account  of  said 
Testator's  funeral  expences  and  debts  ;  and  that  the  same  may  be 
paid  in  a  due  course  of  administration  :  and  that  said  Defendants 
may  be  decreed  to  deliver  up  to  Plaintiff  M.  N.  such  parts  aforesaid 
of  Testator's  personal  estate  as  are  specifically  bequeathed  to  them, 
and  to  account  for  and  pay  over  to  them,  in  equal  moieties,  the 
rents,  issues,  and  profits  of  said  Testator's  nineteen  leasehold  hou- 
ses, and  other  houses,  and  other  messuages  and  premises,  to  which 
they  are  jointly  entitled  during  their  lives,  and  which  have  accrued 
due  since  the  death  of  said  Testator.  And  that  some  proper  person 
may  be  appointed  by  the  Court  to  receive  such  rents,  issues,  and 
profits  in  future.  And  that  said  Defendants  may  also  be  decreed  to 
account  for  and  pay  over  to  Plaintiffs  M.  N.  in  equal  moieties,  the 
residuary  estate  of  said  Testator,  not  specifically  bequeathed  ;  and 
that,  for  these  puqwses,  all  necessary  directions  may  be  given.  And 
for  further  relief. 


Pretence  of  Right  to  real  Estate  and  Inqiiiry  thereto^  and 

Prayer. 

Pretend  that  they  or  some  or  one  of  them  have  or  hath  some  other 
right  or  interest  therein  as  aforesaid,  to  or  in  the  said  real  estate  or  some 
part  thereof,  but  they  refuse  to  discover  the  particulars  thereof,  or  how 
they  derive  or  make  out  the  same.  And  at  other  times  they  pretend  that 
there  are  or  is  some  mortgages  or  mortgage  or  other  incumbrances  on 
such  estate,  or  part  thereof,  but  then  they  refuse  \o  discover  the  same 
or  any  part  thereof.  And  they  or  some  or  one  of  them,  have  in  their, 
his,  or  her  custody  or  power,  the  title  deeds  and  writings  relating  to 
such  estate  or  part  thereof,  but  they  refuse  to  produce  the  same  or  any  of 
them. 

Inquiry. 

And  that  the  said  confederates  niay  set  forth  what  right,  title  or  interest 
llipy  respectively  have,  or  rhiim,  in  or  to  the  real  estate  of  the  said  I.  D. 
or  any  and  what  part  then  of.  and  liow  and  in  what  manner  thev  derive 


PRETENCES,    CHARGES,    &C.  51 

unci  make  out  the  same,  and  by  and  under  what  deeds  or  deed,  writings 
or  writing,  and  that  they  may  set  forth  the  dates  and  contents  of  all  such 
deeds  and  writings,  and  that  they  may  set  forth  whether  there  are  or  is 
any,  and  what  mortgages  or  mortgage,  incumbrances  or  incumbrance, 
upon  or  affecting  such  estate,  or  any  and  wiiat  part  thereof,  and  when 
and  by  whom  and  to  wiiom,  and  by  what  deeds  or  writings  or  otherwise, 
and  how  and  what  consideration,  and  for  which  sums  the  same  were  or 
was  made  or  created,  and  in  whom  the  same  are  or  is  invested,  and  for 
whose  use  and  benefit,  and  what  sum  or  sums  of  money  are  or  is  due 
thereon,  and  to  whom,  and  where  all  and  every  such  persons  live,  and 
that  they  may  set  forth  what  are  become  of  the  title  deeds  and  writings  re- 
lating to  the  said  estate  ;  and  that  they  may  also  set  forth  the  names  and 
places  of  abode  of  all  and  every  person  and  persons  in  whom  any  legal 
or  equitable  estate,  right  or  interest,  charge  or  incumbrance  to,  in,  or 
upon  the  said  estate,  in  possession,  reversioner  remainder,  is  vested,  and 
the  particulars  of  such  estate,  right,  title  or  interest,  charge  or  incum- 
brance, and  how  and  in  what  manner  the  same  became  vested  in  such  per- 
son or  persons,  under  what  deeds  or  deed,  writings  or  writing  ;  and  that 
his  Majesty's  Attorney-General  may  answer  the  matters  aforesaid,  and 
set  forth  whether  he  on  behalf  of  his  Majesty,  claims  any  and  what  right, 
title  or  interest  in  or  to  the  said  estate  and  legacies  aforesaid,  and  any 
and  which  of  them,  or  any  and  what  part  thereof,  and  how  and  in  what 
manner,  and  by  what  means. 

Prayer. 

And  that  an  account  may  be  taken  of  the  money  due  for  the  legacy  of 
£  given  to  the  said  G.  D.  and  interest  thereof,  and  that  the  same 
may  be  paid  to  Plaintiff  out  of  real  estate  of  said  I.  D.  and  that  a 
competent  part  of  said  estates  may  be  sold  or  mortgaged  for  that 
purpose;  and  that  all  proper  parties  may  join  in  such  sale  or  mort- 
gage, and  in  order  to  such  sale  or  mortgage,  that  all  the  title  deeds 
and  writings  relating  to  the  said  estate  may  be  produced,  &c. 


Inquiry  after  Title  to  real  Estate. 

And  that  the  said  confederates  may  also  set  forth  what  right,  title,  or 
interest  they  respectively  have,  or  claim,  in  or  to  the  real  estate,  late 
oi  the  said  R.  or  any  and  what  part  thereof,  and  how  and  in  what  man- 
ner they  derive  and  make  out  the  same,  and  by  and  under  what  deed  or 
deeds,  writing  or  writings,  and  may  set  forth  the  dates  ^and  contents  of 
all  such  deeds  and  writings. 


52  PRETENCES,    CHARGES,    ScC. 

Inquiry  after  personal  Estates. 

And  that  the  sairl  A.  may  either  admit  assets  of  the  said  C.  come  to  his 
hands  or  use  sufficient  to  answer  your  Orator's  aforesaid  demands  thereon, 
or  may  set  forth  a  full,  true  and  just  inventor}-  and  account  of  all  and  sin- 
gular the  goods,  chattels,  personal  estate  and  effects  whatsoever,  which 
the  said  B.  was  possessed  of,  interested  in,  or  entitled  Xo,  at  the  time  of 
his  death,  and  were  not  specifically  bequ(?athed  by  his  said  will,  and  all 
the  particulars  whereof  the  same  consisted,  and  the  quantities,  qualilies, 
full,  real  and  true  values  of  all  and  every  such  particulars,  and  whether 
all  or  some,  and  which  of  such  particulars  have  not,  and  when,  been 
possessed  or  received  by,  or  come  to  the  hands  of  him  the  said  A.  or  of 
some  and  what  person,  by  his  order,  or  for  his  use,  and  how  and  in  what 
manner,  and  when  and  where  and  by  and  to  whom,  and  for  how  much 
the  same  and  every  or  any  and  what  parts  thereof  hath  or  have  been 
sold  or  disposed  of,  and  whether  any  and  Avhat  parts  thereof,  and  to 
what  value  and  amount  now  remain  undisposed  of,  and  what  are  become 
thereof;  and  also  a  particular  account  of  all  and  every  the  debts  what- 
soever, which  were  justly  due  and  owing  from  the  said  B.  at  the  time  of 
his  death,  and  to  whom  and  for  what,  and  on  what,  securities,  if  any, 
the  same  were  respectively  due,  and  whether  any  and  what  sums  of  money 
have  been  since,  been  in  or  towards  the  discharge  of  all  or  any,  and 
which  of  the  said  debts,  and  when  and  by  whom  and  to  whom  and  for 
what,  and  whether  any  and  what  sura  or  sums  of  money  do  or  doth  now 
remain  unpaid  on  account  thereof. 


Inquiry  after  Interest  made  of  Persona!  Estate. 

And  that  the  said  Defendant  may  also  set  forth  all  and  every  the  particu- 
lars of  the  personal  estate  of  the  said  Testator,  which  were  out  at  interest 
at  the  time  of  his  death,  and  on  what  government  or  other  security  or 
srrurilies,  and  in  whose  name  or  names,  and  what  rate  of  interest  was 
payable  thereon  respectively,  and  the  dates,  parties'  names,  and  all  other 
material  contents  of  such  private  parties  :  and  whether  the  whole  or  any  and 
what  part  of  all  or  any,  and  which  of  such  principal  sums  have  or  hath 
been  continued  on  such  securities  respectively,  during  all  or  any  and 
what  part  of  the  time  since.the  death  of  the  said  Testator,  and  what  sum 
or  sums  of  money  have  or  hatii  been  received,  and  when  and  by  whom 
and  for  whose  us.>,  and  from  whom,  by  sale  of  all  or  any,  and  what  part 
^N?f  the  principal  money  in  all  or  any  and  which  of  such  government  se- 
cuilties,  or  in  or  towards  discharge  of  the  principal  money  due  on  all  or 
any,  and  which  of  such  private  securities;  and  whether  some  and  what 


PRETENCES,    CHARGES,    &C  5o 

sums  or  sum  of  money,  which  were  or  was  part  of  the  personal 
estate  of  the  said  Testator  at  the  time  of  his  death,  and  which  arose  there- 
froui,  have  or  hath  not  been  since,  and  when  placed  out  at  interest,  in  any 
and  what  public  or  private  securities  or  security,  and  in  whose  name  or 
names  and  at  what  rate  of  interest  and  what  particular  sum  or  sums  in 
such  public  securities  or  security  were  or  was  purchased,  with  each  of 
such  suras  of  money,  and  the  dates,  parties'  names,  and  all  other  material 
contents  of  all  and  every  such  private  securities  or  security  ;  and  whether 
the  whole  or  any  and  what  part  of  all  or  any  and  which  of  such  sums 
hath  over  since  the  same  were  so  respectively  laid  out  for  any  and  what 
times  or  time  afterwards  continued  on  such  security  or  securities  respec- 
tively, and  what  sums  or  sum  of  money  have  or  hath  been  received,  and 
when  and  by  whom,  and  for  whose  use  and  from  whom,  by  sale  of  any 
and  what  part  of  the  principal  money  in  all  or  any  and  which  of  such 
public  securities,  or  in  or  towards  discharge  of  the  principal  money  due 
on  all  or  every,  and  which  of  such  private  securities  ;  and  that  he  may  also 
set  forth  a  f\ill,  true,  and  just  account  of  all  and  every  sum  and  sums  of 
money  which  have  from  time  to  lime  since  the  death  of  the  said  Testator 
become  due  from  the  interest  or  dividends  of  or  on  or  in  respect  of  the 
personal  estate  of  the  said  Testator,  or  the  produce  thereof,  or  any  part 
thereof,  and  when  and  on  what  principal  sum  or  security,  the  same  and 
every  particular  thereof  became  due,  and  a  full,  true,  and  just  account  of 
all  and  every  sum  or  sums  of  money  which  hath  or  have  been  received  by 
or  by  the  order  or  for  the  use  of  him  the  said  Defendant,  for  or  in  respect 
of  the  interest  or  dividends  of  such  personal  estate,  or  the  produce  thei-eof, 
or  any  part  thereof,  and  when  and  from  whom  and  for  the  interest  or  di- 
vidends of  what  principal  sums,  and  on  what  security,  and  when  due,  all 
and  every  such  sums  were  respectively  received.  And  that  he  may  par- 
ticularly set  forth  whether  he  hath  not  at  any  and  what  time  or  times 
applied  all  or  any  and  what  part  of  the  personal  estate  of  the  said 
Testator;  to  or  for  his  own  use. 


Inquiry  after  Incumbrances  on  real  Estates. 

And  that  the  said  Defendant  may  also  set  forth  whether  there  are  or  is 
any  or  what  mortgage  or  mortgages,  term  or  terms  of  years,  incumbrance 
or  incumbrances  upon  or  affecting  the  said  estates,  or  any  and  what  part 
thereof,  and  when  and  by  whom  and  to  whom,  and  by  what  deeds  or 
writings  or  otherwise,  and  how  and  for  what  considerations,  and  for  what 
sums  the  same  was  or  were  made,  and  in  whom  the  same  are  or  is  now 
vested,  and  for  whose  benefit,  and  what  sum  or  sums  of  money  is  or 
are  now  due  thereon,  and  to  whom,  and  where  all  and  every  such  per- 
sons live  ;  and  may  set  forth  what  are  become  of  the  title  deeds  of  the 
said  estatei?. 


64  PRETENCES,    CHARGES,    &C. 


Inquiry  after  Persons  entitled   to  any  legal  or  equitable 
Interest  in  Lands. 

And  that  he  may  also  set  Ibrth  the  names  and  places  of  abode  of  all 
and  every  the  person  and  persons  in  whom  any  legal  or  equitable  estate, 
right,  titleorinterest,  charge  or  incumbrance,  to,  in,  or  upon  the  said  pre- 
mises in  possesi^ion,  reversion,  or  reversions  is  vested,  and  the  particulars 
of  such  estate,  right,  title  or  interest,  charge  or  incumbrance,  and  how  and 
in  what  manner  the  same  became  so  vested  in  such  person  or  persons, 
and  under  what  deed  or  deeds,  writing  or  writings. 


Inquiry  after  real  Estate. 

And  that  the  said  confederate  may  set  forth  whether  the  said  R.  was  not 
at  the  time  of  his  death,  seized  or  entitled  in  fee-simple,  of  or  to  some  and 
what  real  estate,  and  that  they  may  set  forth  a  full,  true,  and  just  rental 
and  particular  thereof,  and  where  the  same  and  every  part  thereof  is 
situate,  and  the  yearly  value  of  each  particular  thereof,  and  in  whose 
tenure  and  occupation  the  same  and  every  part  thereof  is,  and  under  what 
yearly  or  other  rent  or  rents,  and  whether  they  the  said  confederate,  or 
some  or  one  and  which  of  them  are  or  is  not,  and  lor  some  time,  and  how 
long  time  past  have  or  hath  been  in  possession  or  receipt  of  the  rents  and 
profits  thereof,  or  of  some  and  what  part  thereof,  and  who  by  name  now 
are  or  is,  and  for  how  long  time  have  or  hath  been  in  possession  and 
receipt  of  the  rents  and  profits  thereof,  and  by  what  right  or  title,  and 
for  whose  use.  And  that  the  said  confederates  may  set  forth  a  full,  true 
and  particular  account  of  all  and  every  sum  and  sums  of  money  which 
hath  and  have  been  received  by  them  or  either  of  them,  or  any  other  per- 
son or  persons  by  their  or  either  of  their  order,  or  for  their  or  either  of 
their  use,  for  or  in  respect  of  the  rents  and  profits  of  the  said  estate,  or 
any  part  thereof  which  have  become  due  since  the  death  of  the  said  R. 
and  when  and  by  whom  and  for  whose  use,  and  from  whom  and  for  what 
rent  and  of  what  part  of  the  said  estates,  and  when  due,  all  and  every 
>uch  sums  were  respectively  received. 


Inquiry  after  Fines  and  other  easual  Profits  of  Manors. 

And  that  the  said  Defendants  may  resp<!ctively  set  torth  a  full,  true, 
and  just  rental  and  particular  of  the  said  manor  and  estate  of  A.  and  of 
every  part  thereof,  and  in  whose  tenure  or  occuj)ation  the  same  and  every 
part  thereof  was  from  liino  to  time,  from,  to    and  under  what  yearly  or 


PRETENCES,    CHARGES,    SiC.  55 

Other  rent  or  rents,  and  when  due  and  payable;  and  also  a  full,  true,  and 
particular  account  of  all  fines  which  during  the  same  period  of  time  were 
set,  or  arose  or  become  payable,  or  were  agreed  to  be  paid  upon  the 
renewal  or  renewals  of  any  lease  or  leases  of  any  estate  or  tenant,  part  of 
the  said  manor  or  other  estate,  and  of  and  from  whom,  and  for  the  re- 
newal of  what  lease  or  leases  of  what  estate  or  tenement ;  and  also  a 
full  and  particular  account  of  all  other  casual  profits  which  in  such  time 
arose  or  became  due  or  payable  for  or  in  respect  of  such  manor  and 
estate,  and  every  or  any  part  thereof,  and  when  and  for,  or  in  respect  of 
what  particular,  each  and  every  particular  arose  and  became  due ;  and 
also  a  full,  true,  and  particular  account  of  all  and  every  sum  and  sums  of 
money  received  by  or  by  the  order,  or  for  the  use  of  them  the  said  De- 
fendants respectively,  or  either  of  them,  for  or  in  respect  of  the  ordinary 
rents,  fines,  quit-rents,  and  other  profits  of  the  said  manor  and  estate, 
and  every  or  any  part  thereof,  which  arose  and  became  due  between 
and  ,  and  when  and  from  whom,  and  for  what  all  and  every  such  sums 
were  respectively  received. 

Prayer. 

That  an  account  may  be  taken  of  all  and  every  sum  and  sums  of 
money  which  hath  and  have  from  time  to  time  been  received  by, 
or  by  the  order,  or  for  the  use  of  them  the  said  Defendants,  or 
either  of  them,  for  or  in  respect  of  the  rents,  fines,  heriots,  and  other 
profits  and  emoluments  of  or  belonging  or  incident  to  the  said  manor 
and  estate,  and  which  became  due  between         and 


Inquiry  in  a  Bill  to  stay  Waste. 

To  the  end  therefore,  &c.  and  whether  the  said  messuages  or  tene- 
ments, and  the  buildings,  gates,  stiles,  rails,  and  fences  on  the  said  estate 
or  premises  were  not  in  good  repair  and  condition  at  the  time  of  his  en- 
tering thereon ;  and  whether  all  the  lands,  whereof  the  said  tenement 
or  estate  consists,  were  not  then  in  good  heart  and  condition,  or 
•whether  any  and  what  particulars  of  the  said  messuage  or  tenement, 
buildings,  gates,  stiles,  rails,  and  fences,  were  then  in  any  and  what  re- 
spect or  degree  of  repair  or  in  bad  condition  ;  and  whether  any  and 
what  particulars  of  the  said  lands  were  then  in  any  and  what  respect  or 
degree  in  bad  heart  or  condition  ;  and  whether  he  tlie  said  Defendant 
hath  constantly  since  he  hath  been  in  possession,  &c.  of  the  said  e>tale  or 
tenement  kept  the  said  messuage  or  tenement,  and  all  the  said  buiidings, 
&c.  in  good  repair  and  condition,  orv/'e'i  •  some  and  whai  pai  ticuhiis 
are  not  now  in  some  and  what  degree  out  »f  repair,  or  in  bad  repair,  aivd 


56  rUETENCES,    CHARtJES,    ScC. 

parliciilurly  whether  or  not  in  some  and  what  respect  or  degree  in  a 
worse  state  of  repair  than  the  same  respectively  were  at  the  time  when 
he  the  said  Defendant  entered  thereon,  and  how  long  time  the  same  have 
been  so,  and  how  much,  as  near  as  lie  can  compute  and  form  a  belief,  it 
would  cost  to  put  the  same  in  good  repair  and  condition,  and  particularly 
into  as  good  repair  and  condition  as  the  same  were  in  at  the  time  of  his 
the  said  Defendant's  entering  thereon;  and  whether  he  hath  constantly, 
since  he  hath  been  in  possession  of  the  said  estiate  or  tenement,  used  and 
cultivated  the  whole  of  the  lands  whereof  the  same  consist,  in  a  proper 
and  careful  manner,  and  in  a  good  course  of  husbandry,  according  to  the 
method  used  in  the  neighbourhood  thereof,  and  the  terms  and  conditions 
of  the  said  lease,  or  whether  he  hath  not  and  how  often  used  or  cultivated 
such  lands  or  any  and  what  part  thereof,  in  some  and  what  manner,  con- 
trary to  and  difl'ercnt  from  such  method,  and  the  terms  and  conditions 
of  the  said  lease,  and  more  to  tlie  prejudice  of  the  said  lands,  and  parti- 
cularly whether  he  hath  not,  and  how  often,  and  when,  ploughed,  or 
caused  to  be  ploughed  up,  some  and  what  parts  of  the  said  lands  whick 
by  the  terms  of  the  said  lease  he  was  not  at  liberty  to  plough,  and  may 
set  forth  all  the  particulars  of  the  said  lands  which  by  the  terms  of  the 
said  lease  he  was  not  at  liberty  to  plough  ;  and  the  names,  quantity,  and 
other  descriptions  thereof,  and  whether  he  hath  not,  and  how  often,  and 
when,  and  in  what  manner  neglected  to  manure  and  improve  all  or  some 
and  what  parts  of  such  lands,  according  to  the  method  used  in  the 
neighbourliood  thereof,  and  according  to  the  terms  and  conditions  in 
the  said  lease ;  and  whether  all,  or  some,  and  what  parts  of  such  lands 
are  not  by  all,  or  some,  and  which  o(  such  acts  of  mismanagement  or 
neglect,  or  by  some  and  what  other  means,  in  some  and  what  respect 
or  degree  impoverished,  or  rendered  or  become  in  a  worse  condition  than 
when  he  the  said  Defendant  entered  thereon ;  and  what  time,  or  how 
much  money,  as  near  as  he  can  compute  the  same,  it  will  require  to  put 
such  lands  into  as  good  plight  and  condition  as  the  same  were  in  at  thr 
lime  when  he  entered  thereon. 


Prayer  to  a  Bill  of  Foreclosure. 

'J'liat  an  account  may  be  taken  of  the  several  sums  of  money  now  re- 
maining due  and  ov/ing  unto  Plaintifls  respectively,  for  principal  or  in- 
terest on  their  said  several  and  respective  mortgages  and  securities  ;  and 
(hat  said  dfft'r)dants,  or  some  or  one  of  them,  may  be  decreed  to  pay 
unto  Plaintiffs  respectively,  whatever  shall  be  found  due  and  owing  unto 
them  on  the  taking  of  said  account  respectively,  together  with  Plaintifls' 
( osts,  by  a  iliort  lime,  to  be  prefixed  by  this  honorable  Court,  or  in  de- 


PRETENCES,  CHARGES,  &C*  57 

fault  thereof,  that  said  Defendants  and  all  persons  claiming  under  tliem, 
and  each  and  every  of  them,  may  be  absolutely  barred  and  foreclosed  of 
and  from  all  right  and  equity  of  redemption  to  and  in  said  mortgaged 
estate  and  premises,  and  every  part  thereof,  Plaintifls  offering,  upon  pay- 
ment of  the  monies  due  to  them  as  aforesaid,  together  with  their  said 
costs,  to  join  and  concur  in  all  necessary  acts  and  deeds  for  conveying 
said  mortgaged  manors,  hereditaments,  and  premises,  in  such  manner 
as  tliis  Court  shall  be  pleased  to  direct  if  it  should  be  necessary  for  them 
so  to  do.     And  for  further  relief. 


Conclusion  to  a  Supplemental  Bill  and  Prayer. 

That  the  time  limited  in  the  aforesaid  indenture  or  deed  of  covenants 
being  elapsed^  and  the  agreement  and  engagement  thereby  made  not 
being  performed,  Plaintiffs  are  now  entitled  to  have  the  benefit  of  said 
suit  and  proceedings  therein,  and  to  prosecute  and  carry  on  the  same 
against  said  Defendants,  iu  the  same  manner  as  they  would  have  done  in 
case  said  last  mentioned  indenture  or  deed  of  covenant  had  not  been 
made,  and  to  have  the  benefit  thereof  against  said  W.  II.  P.  and  T.  W. 
assignees  of  said  bankrupt ;  and  that  said  Defendants  ought  to  answer 
Plaintiffs'  said  original  and  amended  bill  at  the  same  time  they  answer 
this  Plaintifi''s  supplemental  bill  ;  to  the  end,  therefore,  that  Plaintiffs 
may  have  the  benefit  of  said  suit  and  proceedings  therein  against  said 
Defendants,  and  may  have  the  same  relief  against  them  as  they  would  or 
might  have  had  in  case  the  said  last  mentioned  deed  or  indenture  had  not 
been  made,  and  S.  C.  had  not  become  a  bankrupt ;  and  in  case  de- 
fault shall  be  made  in  payment  of  said  prini'ipal  sums  due  and  owing  to 
Plaintiff's  respectively,  on  their  said  several  and  respective  securities 
in  said  Original  bill  stated,  with  lyterest  for  the  same,  then  that  said  De- 
fendant S.  C.  and  his  heii-s,  a>'.d  also  his  said  assignees,  and  all  claiming 
under  them,  may  be  debarred  and  foreclosed  of  and  from  all  right  aad 
equity  of  redemption  of,  in,  and  to  said  copyhold  premises  comprised  in 
said  indenture  or  deed$  of  covenant.     And  for  further  relief 


o8  PRETENCES,  CHAUGES,  iLc 

Prayer  to  a  Bill  filed  by  Partners  after  the  Dissolution, 
against  the  present  Partners,  to  have  the  Stock,  Pre- 
mises, and  Effects,  sold  for  Payment  of  old  Debts,  and 
an  Injunction  to  restrain  them  from  alienating  the  said 
Concerns. 

And  thai  an  account  may  be  taken  of  all  and  every  the  debts  and  de- 
mands which  were  due  from  your  Orators  and  the  said  P.  J.  B.  in 
their  copartnership  firm  of  or  in  respect 

thereof,  at  the  time  of  executing  the  said  indenture  of  the  day 

of  and  wliich  have  not  been  paid  and  satisfied  by  the 

said  P.  J.  13.  or  the  said  other  Defendants  ;  and  that  the  said  several 
Defendants  may  be  dechjred  to  be  answerable  for  the  amount  of  what 
shall  be  found  due  on  such  account;  and  that  it  may  also  be  declared 
that  your  Orators  have  a  lien  to  the  amount  of  what  shall  be  found 
due  on  such  account  upo!i  the  coj^artnership  stock,  premises,  debts, 
and  effects,  which  were  assigned  by  your  Orators  to  the  said  P.  J.  B. 
in  consideration  of  his  engagement  to  exonerate  your  Orators  from 
the  payment  of  such  debts  ;  and  that,  if  necessary,  the  said  copartner- 
ship stock,  premises,  and  eflects,  may  be  sold  and  applied  in  satisfaction 
of  such  debts,  under  the  decree  of  this  honorable  Court,  and  that  all 
proper  directions  may  be  given  in  that  behalf;  and  that  the  said  De- 
fendants may  in  the  mean  time  be  rcstained  by  the  injunction  of  this 
honorable  Court  from  alienating  the  said  copartnership  stock,  premises, 
and  effects ;  and  that  the  said  covenant  in  the  said  indenture  of  the 
day  of  whereby  your  Orators  are  restrained  from  engaging  in  or 

carrying  on  any  part  or  branch  of  making  or  manufacturing  iron  under 
any  modification  whatsoever,  or  any  articles  or  utensils  made  of  iron, 
within  forty  statute  miles  of  may  be  reformed,  ac- 

cording to  tiie  intent  and  agreement  of  the  partners  respecting  the  same 
as  aforesaid.     And  for  further  relief.  J.  L. 


Prayer  to  a  Bill  filed  by  Heir  at  Law  against  Devisee,  to 
recover  Possession  of  Estates. 

And  that  the  saiil  Defendants  may  answer  the  premises  ;  and  that  they 
may  produce  and  leave  in  t!ie  liar.ds  of  tlieir  clerk  in  Court,  or  otherwise 
as  this  honorable  Court  shall  direct,  all  deeds,  wills,  and  other  writings, 
in  their  custody  or  power,  or  in  tli<' custody  or  power  of  any  other  person 
or  persons  for  their  uj;e,  relati:>tr  to  the  estate  of  vour  Orator  or  his  ances- 
tors in  the  said  messuage  and  lands ;  and  that  your  Orator  or  his  agrnts 


PRETENCES,    CHARGES,    &C.  59 

may  be  at  liberty  to  inspect  the  same  and  take  copies  thereof,  in  order 
that  your  Orator  may  be  enabled  to  pursue  such  remedy  at  law  for  the 
recovery  thereof  as  he  shall  be  advised.     And  for  further  relief,  &c. 


Interrogatory   and    Prayer   in   a    Bill  against  Assignees , 
fur  an  Account  of  separate  Estate  ff  Bankrupt. 

And  that  the  said  confederates  may  set  forth  a  full,  true,  and  just  account 
and  particular  of  the  separate  estate  and  efl'ects  of  the  said  C.  S.  which 
have  been  sold  or  disposed  of  or  possessed  or  received  by  them  or  either 
of  them  or  by  any  otiier  person  or  persons  by  their  or  either  of  their 
order,  or  for  their  or  either  of  their  use,  and  of  the  produce  thereof,  and 
what  part  thereof  now  remains  in  their  hands  undisposed  of. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises,  and  that  an 
account  may  be  taken  of  the  separate  estate  and  efiects  of  the  said 
C.  S.  which  have  been  possessed  and  received  by  the  said  M.  M. 
&c.  (the  assignees)  or  either  and  which  of  them  as  such  assignees 
as  aforesaid;  and  also  an  account  of  the  separate  debts  of  the  said 
C.  S.  which  were  due  and  owing  from  him  at  the  time  of  the  bank- 
ruptcies aforesaid,  and  that  an  account  may  also  be  taken  of  the 
partnership  debts  which  were  due  and  owing  from  the  said  C.  S. 
and  T.  S  at  the  time  of  fheir  bankruptcy  aforesaid,  and  which  have 
been  proved  under  the  commission  issued  against  them  as  aforesaid  j 
and  also  of  the  partnership  debts  which  were  due  and  owing  from 
the  said  C.  S.  &:c.  at  the  time  of  their  bankruptcy  aforesaid,  and 
which  have  been  proved  under  the  said  commission  issued  against 
them ;  and  that  the  separate  estate  and  efTects  of  the  said  C.  S.  pos- 
sessed and  received  by  the  said  Defendant,  which  shall  remain  after 
payment  of  his  separate  debts,  may  be  apphed  rateahly  and  pro- 
portionably  between  and  in  satisfaction  of  the  partnership  creditors 
of  the  said  C.  S.  and  T.  S.  and  partnership  creditors  of  the  said 
C.  S.  &c.  and  that  for  those  purposej  all  proper  directions  may  b*; 
given.     And  for  further  relief. 


Prayer  to  a  Bill  of  Partition. 

And  that  a  fair  partition  may  be  made  of  the  said  premises  and  of  the 
lands  thereto  belonging,  into  three  equal  parts,  and  that  a  commission  of 
partition  may  issue  for  that  purpose,  and  that  the  particulars  thereof 
which  shall  be  allotted  to  your  Oratrix  may  be  duly  conveyed  to  the  use 


^  PRE^E^'CES,    CIIARGEy,    &(\ 

of  her  and  her  heirs  for  ever,  free  from  incumbrances,  i^:c.  bj  the  said 
B.  and  that  all  proper  parties  may  join  in  sntli  conveyance,  Plaintili' 
humbly  offering  tbereiipon  to  convey  all  her  right  and  intrresf  in  the  other 
particulars  as  this  honorable  Court  shall  direct,  and  that  the  title  deeds 
and  writings  relating  thereto  mav  be  brought  into  this  honorable  Court, 
or  left  in  the  hands  of  some  indifferent  person  for  thr  said  d.  F.  and  your 
Oratrix  ;  and  that  such  of  them  as  shall  appear  soltly  to  relate  to  .such 
particulars  of  the  said  estate  or  premises  as  .shall  be  allotted  to  your 
Oratrix  may  bg  delivered  to  lier,  and  that  the  remainder  of  the  said  deeds 
or  writings,  or  such  of  them  as  shall  appear  to  relate  jointly  or  equally 
to  all  the  said  premises,  may  be  preserved  and  taken  care  of  by  this 
honorable  Court,  for  the  nnitual  benefit  and  advantage  of  your  Oratrix 
and  the  said  Defendants  ;  uiullhat  your  Orator  may  be  at  libert}'  to  take 
copies  thereof,  and  that  possession  mny  be  delivered  to  her  of  the  parti- 
culars which  shall  be  so  allotted  to  her,  ^vc. 


ApjTilcation  and  Prayer  to  a  Bill  of  Partition. 

Applied,  &G.  to  join  with  Plaintifi'  in  making  a  fair  partition  and 
division  of  the  said  estate  among  them  or  su<'h  of  them  as  are  really  in- 
terested therein,  according  to  their  respective  shares  therein,  so  that  each 
party  maj'  enjoy  his  and  their  own  part  in  severalty  ;  and  the  said  parties, 
or  some  of  them,  having  in  their,  his,  or  her  custody  or  power,  several 
deeds  and  writirigs  rdating  to  the  said  estate,  Plaintiff  hath  in  like 
manner  requested  them  to  deposit  the  same  in  the  hands  of  some  indif- 
ferent person,  so  that  the  same  may  be  preserved  for  the  benefit  of  all 
persons  interested  tjicreiq. 

Prayer. 

And  th ait  the  parts  and  shares  jointly  belonging  to  Plainti/F  and  all 
other  j)ersons  hereinbefore  naiiied,  of  and  in  the  said  estate  may  be 
settled  and  ascertained,  and  that  a  fair  partition  and  division  maybe 
made  of  all  such  estate  between  Plaintifi' and  all  other  persons  who 
shall  a))pear  to  be  interested  therein,  and  that  the  particular? 
therepf,  which  shall  be  allotted  to  Plaintifi"  as  his  share  thereof, 
i/lfty  be  thenrjpforth  held  and  enjoyed  hy  l"'"  and  his  heirs  for  ever, 
fift'  (iof)}  all  incumbrances,  and  that  nli  proper  parties  ma}- join  in 
such  c<»iiveya)u:e;  and  that  such  rent  ^nd  profits  may  be  divided 
and  paid  befjveen  Plaintiff  and  all  such  other  persons.,  according  to 
such  their  respective  rights  and  interests  tlierein,  and  that  all  the  title- 
deeds  anrl  writings  relating  to  such  estates,  or  to  any  of  them,  may 
be  brought  into  this  honorable  Court,  and  there  deposited,  for  the 
benefit  of  Plaintilf  and  tiie  other  persons  interested  therein,  and 


PRETENCES,  CHARGES,  ScC  61 

that  after  the  making  of  such  partition  and  division,  such  of  the  said 
title-deeds  and  writings  as  shall  appear  to  relate  solely  to  any  parti- 
cular thereof  which  shall  be  allotted  to  any  one  person  may  be  de- 
livered to  such  person,  and  that  the  rest  of  such  title-deeds  and 
writings  may  be  kept  in  the  hands  of  one  of  the  Masters  of  this 
honorable  Court,  for  safe  custody  as  aforesaid,  Sec. 


Application  mid  Prayer  for  a  Partition. 

Plaintiff  applied  to  Pof'Midants  to  join  with  him  in  making  a  fair  parti- 
;ion  and  division  of  tlie  estate  among  them  or  such  of  them  as  were 
really  interested  therein,  and  according  to  their  respective  shares  therein, 
so  t'^at  each  party  might  enjoy  his  and  their  own  part  in  severalty ;  and 
the  said  several  parties,  and  some  of  them,  iiaving  in  their,  his,  or  her 
custody  or  power,  several  deeds  and  writings  relating  to  such  estates, 
Plaintiffs  hath  in  like  manner  requested  them  to  deposit  the  same  in  the 
hands  of  some  indifferent  person,  so  that  the  same  might  be  preserved 
for  the  benefit  of  all  parties  interested  therein. 

Praijer. 

That  the  parts  and  shares  justly  belonging  to  Plaintiff  and  all  other 
the  parties  hereinbefore  named  of  and  in  the  said  estates  may  be 
settled  and  ascertained,  and  that  a  fair  partition  and  division  may 
be  made  between  Plaintiff  and  all  other  persons  who  shall  appear 
to  be  interested  therein,  and  that  the  particulars  thereof  may  be  from 
thenceforth  held  and  enjoyed  by  him  and  his  heirs  in  severalty,  and 
that  the  same  may  be  conveyed  to  him  and  his  heirs  for  ever  free 
^rom  all  incumbrances,  and  that  all  proper  parties  may  join  in  such 
conveyances,  and  tliat  possession  of  such  particulars  may  be  deli- 
vered to  Plaintiff;  and  that  in  the  meantime  one  or  more  proper 
person  or  persons  may  be  appointed  to  receive  the  rents  and  profit? 
of  such  estates  for  the  benefit  of  Plaintiff  and  all  other  persons  in- 
terested, and  that  such  rents  and  profits  may  be  divided  and  paid 
between  Plaintiff  and  all  such  other  persons,  according  to  their  re- 
spective rights  and  interests  therein ;  and  that  all  the  title-deeds 
and  writings  relating  to  such  estates,  or  to  any  of  them,  may  be 
brought  into  this  honorable  Court  and  there  deposited,  for  the  bene- 
fit of  Plaintiff  and  the  other  persons  interested  therein  ;  and  that  after 
the  making  of  such  partition  and  division,  such  of  the  said  title-deeds 
and  writings  as  appear  to  relate  solely  to  any  particular  thereof  which 
shall  be  allotted  to  any  one  person  may  be  delivered  to  such  person, 


62  PRETENCES,   CHARGES,   &C. 

and  that  the  rest  of  the  title-deeds  and  writings  may  be  kept  in  the 
hands  of  one  of  the  Masters  of  this  honorable  Court,  for  safe  cus- 
tody as  aforesaid.     And  further  relief. 


Prayer  in  a  Bill  against  Trustees  for  selling  Part  of  the 
Trust  Fund,  and  converting  it  to  their  own  Use ;  and 
Injunction  to  restrain  the  Bank  from  permitting  the 
other  Part  to  be  transferred. 

And  that  the  said  Defendants  R.  S.  and  W  L.  may  b^  removed  from 
being  Trustees  under  the  said  indenture  of  settlement  and  that  they  may 
be  decreed  by  this  honorable  Court  to  replace  all  such  parts  of  the  said 
stock  as  hath  at  any  time  been  sold  out  or  transferred  by  them,  and  that 
they  may  be  restrained  by  the  injunction  of  this  honorable  Court  from 
selling  or  transferring  any  part  of  the  said  Residue  of  the  £  3  per 

cent  Consolidated  Bank  Annuities,  now  standing  in  their  names ;  and 
that  the  said  Defendants,  the  Governor  and  Company  of  the  Bank  of 
England,  may  in  like  manner  be  restrained  from  permitting  the  said 
£  3  per  cent.  Consolidated  Bank  Annuities,  the  residue  of  the  said 

£  like  Annuities,  to  be  transferred  without  the  order  and  direction 

of  this  honorable  Court ;  and  that  new  Trustees  may  be  appointed  by 
and  under  the  direction  of  this  honorable  Court,  in  the  room  of  the  said 
Defendants  R.  S.  and  W.  L.  and  that  they  may  be  directed  to  transfer 
the  said  sum  o(  £  3  per  cent   Consolidated  Bank  Annuities  to  such 

new  Trustees,  or  as  this  honorable  Court  shall  direct,  and  that  the  divi- 
dends thereof  may  be  paid  to  the  said  I.  P.  or  his  assigns  during  his  life, 
and  after  his  death,  according  to  the  trusts  of  the  said  settlement,  and 
for  other  relief,  «fec. 

W.  C. 
Pi-a?/    Stihposna    and   Injunction 

against  R.  S.  W.  L.  and  the 

Governor  and  Company  of  the 

Bank  of  England,    and  Sub- 

posna  against  I,  P. 


Prayer  to  a  Bill  fled  by  Persons  entitled  to  have  Trust 
Stock  divided  among  them,  and  Assets  of  the  Settler 
applied  to  make  good  the  Sum  ivhich  ought  to  have  been 
settled. 

And  that  all  the  Defendants  may  severally  set  forth  what  right  and 
interest  they  respectively  have  or  claim  in  and  to  the  said  capital  sum  of 


PRETENCES,    CHARGES,    &C.  63 

£  Reduced  Bank  Annuities,  and  said  sura  of  £ 

in  such  Bank  Stock  as  aforesaid,  and  the  aforesaid  sum  of  £ 
so  due  from  Testator  T.  B.  or  his  estates  aforesaid,  or  any  of  them,  or 
any  part  or  parts  thereof,  or  of  any  of  them,  or  of  the  interest  and  divi- 
dends thereof  respectively,  or  of  any  of  them  which  have  accrued  due 
respectively  since  the  death  of  said  A.  T.  M.  and  how  they  severally  and 
respectively  derive  and  make  out  the  same,  and 

Prayer, 

That  the  rights  and  interests  of  Plaintiffs  and  Defendants  to  and  in  the 
said  several  capital  and  principal  suras  of  £  and 

£  in  such  Bank  Annuities  and  Bank  Stock  as  aforesaid, 

and  the  interest  and  dividends  of  the  same,  accrued  since  the  death 
of  the  said  A.  T.  B.  or  which  may  accrue  due  thereon  respectively, 
and  to  and  in  the  said  sum  of  £  so  due  from  the  estate 

of  the  said  Testator  T.  B.  the  elder  as  aforesaid,  and  the  interest 
due  thereon  tince  the  death  of  the  said  A.  T,  B.  and  which  shall 
become  due  thereon  may  be  ascertained  and  declared  by  this  Court ; 
and  that  the  aforesaid  sum  of  ^  may  be  decreed  to  be 

paid  out  o(  the  personal  estate  and  effects  of  the  said  Testator  T.  B. 
the  elder,  which  were  possessed  or  received  by  or  by  the  order 
or  for  the  use  of  the  said  A.  T.  B.  deceased,  his  Executrix,  and 
that  the  said  Defendants  R.  N.  the  elder,  T.  N.  and  A.  G.  may 
admit  assets  of  the  said  Testator  T.  B.  the  elder,  which  came  to 
the  hands  or  use  of  the  said  A.  T.  B.  in  their  life  time,  sufficient  to 
answer  and  satisfy  the  aforesaid  demand  thereon,  or  that  an  account 
may  be  taken  of  all  the  personal  estate  and  effects  of  or  belonging  to 
the  said  Testator  T.  B.  the  elder  at  the  time  of  his  death,  which  were 
so  possessed  or  received  by  or  by  the  order  or  for  the  use  of  the  said 
A.  T.  B.  in  her  hfe  time,  and  which  was  not  administered  and  dis- 
posed of  by  her  ;  and  also  of  his  the  said  Testator  T.  B.'s  debts  and 
funeral  expenses  now  remaining  unpaid,  and  that  the  amount  of 
such  personal  estate  and  effects  may  be  answered  and  satisfied  out  of 
the  personal  estate  and  effects  of  the  said  A.  T.  B.  come  to  the 
hands  or  use  of  said  Defendants  her  Executors,  and  that  the  same 
or  a  competent  part  thereof  may  be  applied  in  or  towards  payment 
of  such  debts  and  funeral  expenses,  particularly  the  aforesaid  debt  or 
sum  of  £  so  due  and  owing  from  the  said  Testator 

T.  B.  the  elder  or  his  estate  as  aforesaid.  In  a  due  course  of  admi- 
nistration ;  and  that  said  Defendants  R.  N.  the  elder,  T.  N.  and 
A.  G.  may  admit  assets  of  the  said  A.  T.  B.  come  to  their  or  some 
or  one  of  tliejr  hands  or  use,  sufficient  to  answer  the  matters  afore- 


64  CONCLUSIONS  AND  PRAYERS. 

said,  or  that  an  account  may  be  taken  of  all  the  personal  estate  and 
effects  of  said  A.  T.  B.  come  to  the  hands  or  use  of  them  the  said 
last-named  Defendants  or  any  of  them,  and  also  of  her  debts  and 
funeral  expenses ;  and  that  such  last-mentioned  personal  estate  and 
effects,  or  a  competent  part  thereof,  may  be  applied  in  or  towards 
payment  of  said  debts  and  funeral  expenses  of  said  A.  T.  B.  parti- 
cularly the  aforesaid  demand  thereon,  in  a  due  course  of  administra- 
tion ;  and  that  such  parts  of  said  £  3  per  cent. 
Consolidated  Bank  Annuites,  and  £  Bank  Stock,  and 
also  of  said  £  or  the  money  which  shall  be  received 
©n  account  thereof,  as  are  or  may  be  also  disposed  of  and  appointed 
by  the  aforesaid  will  of  the  said  Testator  T.  B.  maybe  transferred 
and  paid  to  such  person  or  persons  as  may  be  entitled  to  have  the 
transfer  and  payment  thei'eof  made  to  them  ;  and  that  the  residue 
of  said  sum  of  c£  in  such  Bank  Stock  as  aforesaid,  and  of 
said  £  may  be  also  transferred  and  paid  to  the  person 
or  persons  entitled  thereto  ;  and  that  the  residue  of  the  aforesaid  sum 
ei  £  S  per  cent.  Reduced  Bank  Annuities  may  be 
laid  out  in  the  purchase  of  lands,  hereditaments,  and  premises  in 
fee-simple,  upon  the  trusts  and  pursuant  to  the  directions  contained 
in  the  aforesaid  Act  of  Parliament,  and  that  the  rents  and  profits  of 
such  real  estates,  and  the  interest  and  dividends  of  said  sum  of 
£  in  such  Bank  Annuities  as  aforesaid,  in  the  mean  time 
and  until  such  purchase  may  be  decreed  to  be  paid  to  such  persons 
as  may  be  entitled  thereto,  or  that  the  said  residue  of  the  said  last- 
mentioned  Bank  Annuities  may  be  applied,  distributed,  and  disposed 
of  in  such  other  manner  as  this  honorable  Court  shall  direct.  And 
for  further  relief. 


Conclusion  of  a  Bill  for  a  Commission  to  examine  Wit- 
nesses abroad. 

And  your  Orators  further  shew  unto  your  Lordship,  that  inasmuch  as 
the  witnesses  to  the  several  transactions  aforesaid  reside  in  the  said  city 
of  H.  your  Oi-ators  are  unable  to  proceed  to  trial  of  the  said  action 
against  the  said  R.  T.  without  a  commission  from  this  honorable  Court, 
Ibr  the  examination  of  such  witnesses,  &c. 

And  tliat  your  Orators  may  be  at  liberty  to  sue  out  one  or  more  com- 
mission or  commitisioas  for  the  examination  of  their  witnesses  at  A,  B. 
or  elsewhere  in  parts  beyond  the  seas,  touching  the  matters  aforesaid  j: 
and  that  your  Orators  may  have  the  benefit  of  the  testimony  of  such  wit- 
nesses rerprctively  in  the  said  action  so  commenced  by  them  as  aforesaid. 


CONCLUSIONS  AND  PRAYERS.  65 

or  in  any  other  action  to  be  commenced  by  your  Orators,  on  the  said  po- 
licy of  assurance,  may,  &c. 

J.L. 

Another  Prayer. 

And  that  a  commission  may  issue  for  the  examination  of  witnesses 
residing  in  parts  beyond  the  seas,  as  to  the  several  matters  aforesaid, 
with  all  proper  and  usual  directions  in  that  behalf;  and  that  your 
Orators  may  be  at  liberty  to  read  and  make  use  of  the  depositions  of 
such  n  itnesses  at  law  upon  the  trial  of  the  said  action  so  commenced 
as  aforesaid,  may,  &c. 


Concluding  Part  of  a  Bill  for  a  Settlement^  and  to  restrain 
Proceeding  on  a  Bond  which  had  been  given  as  a  Sem- 
rity  by  the  Plaintiffs  for  the  keeping  certain  Accounts. 

But  how  so  it  is,  &c.     And  the  said  pretends  that  your  Oratoi 

T.  H.  is  indebted  to  the  said  Company  in  a  large  sum  of  money  as  the 
balance  of  his  accounts  with  the  said  Company  as  such  Treasurer  as  afore- 
said, but  nevertheless  they  refuse  to  come  to  any  account  with  your  said 
Orators,  and  threaten  and  intend  to  proceed  by  action  for  the  recovery 
of  such  pretended  balance  against  your  said  Orator  W,  H.  who,  upon  the 
appointment  of  your  Orator  T.  H.  to  the  office  of  Treasurer  as  aforesaid- 
entered  into  a  bond  to  the  said  Company  in  the  penal  sum  of  £ 
conditioned  for  the  due  performance  of  the  said  office  by  the  said  T.  H. 
and  for  his  duly  accounting  in  respect  thereof;  whereas  your  Orators 
charge  that  the  apparent  balance  in  favour  of  the  said  Company  upon 
your  Orator  T.  H.'s  account  as  Treasurer  is  occasioned  only  by  your  said 
Orator's  having  debited  himself  with  the  amount  of  the  balance  made  by 
the  said  Company  on  certain  shares  in  the  said  Company,  purchased  bj' 
him,  and  which  he  was  induced  to  purchase  only  by  reason  of  the  engage- 
ment of  the  said  Company  to  leave  in  his  hands  as  Treasurer  from  time 
to  time,  such  stipulated  sum  as  aforesaid  :  and  that  having  suflered  great 
loss  as  to  the  said  shares  by  tlie  breach  of  the  said  engagement  as  afore- 
said, he  ought  to  be  indenmificd  therefrom  by  the  said  Company;  and 
your  Orators  further  charge,  that  even  admitting  the  said  apparent  balance 
of  your  Orator  T.  H.'s  account  as  Treasurer  were  really  due  from  him, 
yet  that  a  much  larger  sum  is  coming  to  your  said  Orator  in  respect  of 
the  several  matters  hereinbefore  stated ;  and  so  it  would  appear  upon  a 
fair  account  between  the  said  Company  and  your  said  Orator,  but  which 

10 


(j6  CONCLUSIONS    AND    PRAYERS. 

account  the  said  Company  under  various  unjust  pretences  made  and 
refuse.     All  which,  &:c.     To  the  end,  &c. 

And  that  the  said  Defendants  may  answer  the  premises,  and  that  an 
account  may  be  taken  of  all  matters,  dealings,  and  transactions  between 
your  Orator  T.  H,  and  the  said  Defendants,  and  tliat  tiie  said  Defen- 
dants may  be  decreed  to  pay  to  your  said  Orator  what  shall  be  found 
due  to  him  upon  such  account,  your  said  Orator  being  ready  and  willing 
and  hereby  offering  to  pay  to  the  said  Defendants  whatever,  if  any  thing, 
should  on  such  account  appear  to  be  due  to  them ;  and  that  in  the  mean 
time  the  said  Defendants  may  be  restrained  by  the  injunction  of  this 
honorable  Court  from  all  proceedings  al  law  against  your  Orators,  or 
either  of  them,  in  respect  of  the  matters  aforesaid.  And  for  further 
rehef. 

J.  L. 


Conclusion   of  a  Bill   against    Trustees,   for  converting 
Monies  which  stood  in  their  Names,  to  their  own  Use, 

And  your  Orators  further  shew,  that  they  have  lately  discovered,  a? 
the  truth  is,  that  neither  the  said  sum  of  £  3  per  cent.  Con- 

soUdated  Bank  Annuities,  nor  any  part  thereof,  is  now  standing  in  the 
names  of  the  said  W.  W.  F.  W.  W.  W.  and  VV.  C.  or  of  any  or  cither  of 
them,  and  that  in  fact  the  said  Bank  Annuities  or  any  part  thereof,  was 
not  standing  in  the  names  of  the  said  Trustees  or  of  any  or  either  of  them, 
at  the  time  of  the  date  of  your  Orator's  said  maVriage  settlement,  but 
that  the  whole  of  the  monies  arising  from  the  sales  of  the  said  estates 
have  been  applied  by  the  said  Trustees  to  their  own  use ;  and  that  the 
said  sum  of  £  Bank  Annuities,  which  is  stated  to  have  been  pur- 

chased wilh  the  said  sum  of  £  ,  was  very  soon  after,  or  about  the  time 

of  passing  the  said  Act  of  Parliament,  transferred  or  sold  out  by  the  said 
Trustees,  who  have  applied  the  produce  thereof  to  their  own  use ;  and  your 
Orators  being  the  only  persons  interested  in  the  said  estates,  funds,  and 
premises,  after  the  death  of  the  said  I.  P.  have  caused  application  to  be 
made  to  the  said  W.  C.  F.  W.  and  W.  W.  and  the  Executors  of  the  said 
W.  W.  for  an  account  of  the  produce  of  the  said  estates  and  of  the  trust 
funds,  in  order  that  the  same  may  be  properly  secured,  and  your  Orators 
well  hoped  tliat  such  application  would  liave  been  complied  with,  as  in 
justice  and  equity  it  ought  to  have  been  ;  but  now,  &c.  refuse  to  give  your 
Orators  any  account  of  their  transactions  relating  to  the  said  trust,  and 
they  refuse  to  discover  and  set  forth  when  and  by  whom  the  said  sum  of 
£  hereinbrforr  mentioned  was  first  paid  to  the  said  Trustees  or  any 

or  either  of  them,  and  wlien  and  by  whom  the  same  or  any  part  thereof 


CONCLUSIONS  AND  PRAYERS.  67 

was  laid  out  in  the  purchase  of  the  said  sum  of  £  Bank  Annuities, 

and  when  and  by  uliat  means  and  for  what  purpose  the  same  was  transfer- 
red into  the  names  of  the  said  Trustees,  and  what  has  since  become  of 
the  said  sum  of  ^  Bank  Annuities,  and  when  and  by  whom  and  to 

whom,  and  for  what  sum  of  money  or  other  consideration  the  same 
was  transferred  out  of  the  names  of  the  said  Trustees ;  and  the  said 
Defendants  also  refuse  to  discover  and  set  forth  a  full,  true,  and  particu- 
lar account  of  all  the  said  estates  and  premises  in  tlie  said  Companies 
respectively,  comprised  in  the  said  Act  of  Parliament,  which  have  been 
sold  since  the  passing  of  the  said  Act,  and  by  whom  and  to  whom  and  in 
what  names  the  same  have  been  sold,  and  for  what  prices  and  sums  of 
money  the  same  respectively  have  been  sold,  and  to  whom  all  such  sums 
of  money  we;e  paid,  and  wiiat  persons  gave  or  joined  in  giving  receipts 
for  the  same,  and  how  and  in  what  manner  all  such  sums  of  money  have 
been  applied,  and  who  are  or  is  now  accountable  for  the  same ;  and 
whether  the  purchase  monies  or  any  part  or  parts  thereof  have  or  hath, 
and  when,  been  laid  out,  on  any  and  what  Government  Securities  or  other 
securities,  and  by  whom  and  in  whose  names  or  name,  and  what  hath 
since  become  of  such  securities  ;  and  the  said  Defendants  aUo  refuse  to 
state  whether  any  and  which  of  the  said  estates  and  premises  still  remain 
unsold;  and  the  said  Defendants  sometimes  pretend  that  the  said  Defen- 
dant W.  C.  alone  hath  acted  in  the  said  trust,  and  is  accountable  for  the 
said  trust  monies,  and  that  he  hath  received  the  said  sum  of  j£  ,  and 
also  all  the  monies  arising  from  the  sales  of  the  said  esfates  and  premises, 
and  hath  applied  the  same  to  his  own  use  ;  and  that  the  said  W.  W.  F.  \V. 
and  W.  VV.  respectively',  never  received  any  of  the  monies  or  joined  in 
giving  any  receipts  or  acknowledgments  for  the  said  monies,  or  any  part 
thereof,  whereas  your  Orators  charge  the  contrary  of  such  pretences  to  be 
the  truth,  and  that  the  said  W.  C.  hath  been  enabled  or  permitted  by  the 
said  W.  W.  F.  W.  and  VV.  W.  to  receive  all  the  said  monies,  and  to  con- 
vert the  same  to  his  own  use,  and  that  he  hath  wasted  the  same,  and  iliat 
they  all  became  responsible  for  the  same ;  and  particularly  your  Uralors 
charge,  that  before  or  about  the  time  of  passing  the  said  Act  of  Parliament 
the  said  sum  of  ^  3  per  cent.  Consolidated  Bank  Annuities  stood  in 

the  joint  names  of  all  the  said  Trustees,  and  was  afterwards  transferred 
out  of  their  names  into  some  othei-  name  or  names;  and  the  said  Defen- 
dants W.  C.  F.  W.  and  W.  W.  and  the  Executors  of  the  said  VV.  W. 
ought  to  be  compelled  either  to  answer  and  pay  all  the  said  trust  monies 
originally  received  by  them  or  any  of  them  as  aforesaid,  or  to  account 
for  the  produce  of  the  trust  funds  in  which  the  same  were  at  any  time 
invested,  or  to  replace  such  trust  monies  as  shall  appear  to  be  most  for 
the  advantage  of  the  parties  interested  in  such  trust,  and  such  parts  of  the 
said  trust  estates  and  premises  comprised  in  tiie  said  Act  of  Parliament, 


68  CONCLUSIONS    AND    PRAYERS.' 

as  shall  appear  to  remain  unsold  or  ought  to  be  sold  under  the  directions 
of  this  Court,  and  new  Trustees  ought  to  be  appointed  under  the  afore- 
said settlement  and  Act  of  Parliament,  in  the  room  of  such  of  the  said 
Trustees  as  shall  appear  to  have  committed  breaches  of  their  said  trusts  j 
but  the  said  I.  P.  and  R.  C.  respectively,  refuse  to  concur  with  your 
Orators  in  this  suit,  all  which,  &c.  To  the  end  therefore,  5:c.  And  that 
the  said  Defendants  W.  C.  F.  W.  and  W.  W.  and  the  Executors  of  the 
said  W.  W.  deceased  respectively,  or  such  of  them  as  this  Court  shall 
think  fit,  Diay  be  declared  to  be  re>ponsible  for  all  the  said  trust  monies, 
or  for  the  value  or  produce  of  such  securities  as  the  same  have  been 
invested  in,  or  have  been  alleged  to  be  invested  in,  as  shall  appear  most 
for  the  benefit  of  the  persons  interested  in  the  said  trust  funds ;  and  that 
the  said  Defendants  B.  II.  and  I.  L.  as  representatives  of  the  said  W.  W, 
deceased,  may  be  decreed  to  answer  and  pay  such  monies  accordingly, 
and  that  the  same,  when  paid  in,  may  be  laid  out  and  secured  in  Govern- 
ment Funds  or  Securities,  for  the  benefit  of  the  persons  interested  therein, 
under  the  direction  of  this  honorable  Court ;  and  that  the  said  DeJendants 
W.  C  F.  W.  and  W.  W.  respectively,  may  be  discharged  from  the  trusts 
pf  the  said  indenture  and  Act  of  Parliament,  and  that  new  Trustees,  if 
necessary,  may  be  appointed  in  their  stead,  under  the  direction  of  this 
Court;  and  that  all  such  of  the  said  trust  estates  as  remain  unsold,  may- 
be sold  under  the  directions  of  this  Court,  and  that  the  monies  arising 
from  such  sales  may  be  secured  and  applied  according  to  the  trusts  of 
the  said  Act  of  Parliament ;  and  in  case  the  said  B.  H.  and  I.  L.  shall 
pot  admit  assets  of  the  said  W.  W.'s  estate,  to  answer  what  the  same 
^hall  be  responsible  for  in  this  suit,  then  that  all  necessary  accounts  may 
be  taken  of  the  said  W.  W.'s  personal  estate,  possessed  by  them  respec- 
tively, and  of  the  application  thereof.     And  for  further  relief. 

II.  S. 


69 
CHAPTER  III. 

ORIGLN.VL   BILLS. 

A  BILL  in  Equity  is  similar  to  a  petition,  wherein  the 
Plaintiff  sets  forth  the  circamstanccs  of  his  case,  praying 
relief,  or  discovery,  &c.  with  process  of  subpoena  against 
the  defendant,  to  compel  him  to  answer  the  charge  of  the 
bill. 

But  in  the  case  of  a  peer  or  peer(iss,  or  lord  of  Parlia- 
ment, the  bill  must  pray  the  letter  of  the  person  holding 
the  great  seal,  called  a  letter  missive,  requesting  the  De- 
fendant to  appear  and  answer  the  bill,  and  the  writ  of 
subpoena,  only  in  default  of  compliance  with  that  request. 
And  if  the  Attorney-General  is  made  a  Defendant  as  an 
officer  of  the  crown,  the  bill  must  pray,  instead  of  the 
writ  of  subpoena,  that  he,  being  attended  with  a  copy, 
may  appear  and  put  in  his  answer.   MIL  37  &  38. 

It  is  usual  to  add  to  the  prayer  of  the  bill  a  general 
prayer  of  that  relief  which  the  circumstances  of  the  case 
may  require.  Indeed,  it  has  been  said,  that  a  prayer  of 
general  relief,  without  a  special  prayer  of  the  particular 
relief  to  which  the  Plaintiff  thinks  himself  entitled,  is  suffi- 
cient, 2  Atk.  3.  and  the  particular  relief  which  the  case 
requires  may  at  the  hearing  be  prayed  at  the  bar.  But 
this  relief  must  be  agreable  to  the  case  made  by  the  bill, 
and  not  different  from  it.  Mit.  39.  As  where  a  bill  was 
brought  for  an  annuity  or  rent-charge  of  £10  a  year,  left 
under  a  will,  and  the  counsel  for  the  Plaintiff  prayed  at  the 
bar,  that  they  may  drop  the  demand  of  this  annuity,  and 
insisted  upon  the  land  itself  out  of  which  the  annuity  issues : 


70  ORIGINAL    BILLS. 

but  the  Lord  Chancellor  denied  it,  because  it  came  within 
the  above  rule.  2  Atk.  141. 

A  Bill  must  be  true  it  substance,  and  plainly,  yet  suc- 
cinctly alleged,  Avith  all  necessary  circumstances,  as  time, 
place,   manner,  and  other  incidents.    Wij.  Pract.  Reg.  57. 

Whatever  is  essential  to  the  rights  of  the  PlaintiiT,  and 
is  necessarily  within  his  knowledge,  ought  to  be  alleged 
positively,  and  \\\\\\  precision  ;  b'.it  the  claims  of  tlie  De- 
fendant may  be  stated  in  general  terms :  and  if  a  matter 
essential  to  the  determination  of  the  Plaintiff's  claims  is 
charged  to  rest  in  the  kno\\  ledge  of  the  Defendant,  or  must 
of  necessity  be  within  his  knowledge,  and  is  consequently 
the  subject  of  a  part  of  the  discovery  souglit  by  the  bill,  a 
precise  allegation  is  not  required.  Mit.  41. 

If  a  bill  be  exhibited  wliere  the  Lord  Chancellor  is  a 
Plaintiff  to  the  suit,  it  must  be  directed  to  the  King's  most 
excellent  Majesty,  and  the  word  "  Majesty"  must  be  used 
in  the  prayer  and  conclusion  thereof,  instead  of  "  Lord- 
ship." 

A  counsel  is  not  to  put  his  hand  to  a  bill,  (or  any  otiicr 
pleading,)  unless  it  be  drawn  or  perused  by  himself  in  the 
paper  draft  before  it  be  engrossed,  and  counsel  are  to  take 
care  thai  the  same  be  not  stuffed  with  repetitions  of  deeds, 
&c.  in  liecc  verba,  but  that  the  substance  of  so  much  of  them 
only  as  is  pertinent,  &c.  and  that  in  brief  terms,  without 
long  needless  traverses,  or  points  not  traversable,  &c. 
Much  less  may  any  counsel  insert  therein  matter  merely 
criminal  or  scandalous,  under  penalty  of  good  costs  to  be 
laid  on  the  counsel,  to  be  paid  to  the  parties  grieved,  to  be 
heard  in  Court  before  such  counsel.    Onl.  Can.  93. 

A  bill  may  pray  relief  against  an  injury  suffered,  or  only 
seek  the  assistance  of  the  Court  to  enable  tlie  Plaintiff  to 


ORIGINAL    BILLS.  71 

defend  himself  against  a  possible  future  Injury  or  to  support 
or  defend  a  suit  in  a  Court  of  ordinary  jurisdiction.  Ori- 
ginal bills  have,  therefore,  been  again  divided  into  bills 
praying  relief  and  bills  not  praying  relief. — An  original 
bill  praying  relief  may  be,  1.  A  bill  praying  the  decree  or 
order  of  the  Court,  touching  some  right  claimed  by  the 
person  against  whom  the  bill  is  exhibited. — 2.  A  bill  of 
interpleader,  where  the  person  exhibiting  the  bill  claims 
no  right  in  opposition  to  the  rights  claimed  by  the  person 
against  whom  the  bill  is  exhibited,  but  prays  the  decree 
of  the  Court  touching  the  rights  of  those  persons,  for  the 
safety  of  the  person  exhibiting  the  bill. — 3.  A  bill  praying 
the  writ  of  Certiorari,  to  remove  a  cause  from  an  inferior 
court  of  equity.  An  original  bill  not  praying  relief  may 
be — 1.  A  bill  to  perpetuate  the  testimony  of  witnesses. — 
2.  A  bill  for  discovery  of  facts  resting  within  the  know- 
ledge of  the  person  against  whom  the  bill  is  exhibited,  or 
of  deeds,  writings,  or  other  things  in  his  custody  or  power. 
Mit.  p.  32,  33. 

Pursuing  the  noble  author's  foregoing  arrangement,  this 
chapter  will  contain  a  selection — 1st.  of  Original  Bills 
praying  relief,  upon  various  and  useful  subjects ;  Sndly^ 
Bills  of  interpleader ;  3dly,  Certiorari  Bills.  Original 
Bills  not  praying  relief  will  compose  the  next  chapter. 

We  have  in  the  first  bill  referred  to  our  first  chapter, 
where  the  frame  and  words  of  course  necessary  to  a  bill 
are  discussed  and  exemplified.  But  it  will  not  be  necessary 
to  pursue  this  plan  farther,  as  an  attentive  perusal  of  that 
chapter  will  fully  inform  the  student  where  these  words 
ought  to  be  placed  ;  and  it  is  also  presumed  that  no  person 
vvill  attempt  the  office  of  a  draftsman  before  he  has  ac- 
quired a  competent  know!edL';e  of  his  profession. 


"72  ORIGINAL  BILLS  PRAYING  RELIEF. 

BUI  for  the  specific  Performance  of  an  Agreement. 

To  the  Right  Honorable  John  Lord  Eldon,  Baron  Eldon,  of 
Eldon,  in  the  county  of  Durham,  Lord  High  Chancellor  of 
Great  Britain. 

Humbly  complaining,  sheweth  unto  your  Lord^Iiip,  your  Orator,  R.  O. 
of  in  the  county  of  ,  Esq.  that  your  Orator  now  is  and  for 

some  time  before  the  year  ,  was  seised   or  entitled  in  fee-simple 

of  or  to  the  freehold  messuages  or  tenements,  with  the  lands  and  other 
appurtenances  thereto  belonging,  situate  in  in  the  county  of  , 

and  your  Orator  being  so  seised  or  entitled,  and  being  desirous  to  make 
sale  thereof,  did  some  time  before  the         of  ,  in  the  year  , 

employ  and  empower  J.  K.  of  in  the  said  county  of  ,  gen- 

tleman, to  agree  on  belialf  of  your  Orator  with  any  person  or  persons, 
at  and  for  such  price  or  prices  as  he  should  think,  fit ;  and  accordingly 
the  said  J.  K.  treated  with  J.  M.  of  S.  in  the  said  county  of  S.  gentle- 
man, for  sale  of  such  messuages,  tenements,  and  hereditaments,  unto  him 
the  said  J.  M. ;  and  at  length  they  came  to  an  agreement  for  such  pur- 
chase, and  thereupon  articles  of  agreement  in  writing,  bearing  date  the 
day  of  ,  and  made  between  the  said  J.  K.  on  behalf  of  your 

Orator  of  the  one  part,  and  the  said  J.  M.  of  the  other  part,  were  duly 
executed  by  the  said  J.  K.  and  J.  M.  whereby  the  said  J.  K.  in  con- 
sideration of  the  Slim  of  ci^  ,  to  be  paid  as  therein  and  hereinafter 
mentioned,  agreed  that  your  Orator  or  his  heirs  should  or  would,  on  or 
before  the  day  of  then  next,  to  the  satisfaction  of  the  said  J.  M, 
or  of  his  heirs,  and  of  his  or  their  counsel,  make  out  a  good- title  to  the 
premises  hereinafter  mentioned,  and  by  good  and  sufficient  conveyances, 
surrenders,  and  assurances  in  the  law,  with  reasonable  covenants,  sucb 
as  the  courjsel  of  the  said  J.  M.  should  advise,  convey  and  assure,  or 
cause  to  be  conveyed  and  assured,  unto  the  said  J.  M.  and  his  hefrs,  as 
he  or  they  should  appoint,  free  from  all  incumbrances,  (except  a  perpe- 
tual d:aiiiage-1ax  charged  upon  the  premises,  or  some  part  thereof,) 
and  particularly  a  good  estate  of  inheritance  of,  in,  and  to  all  that  mes- 
suage or  tenement,  (hrrc  recite  the  agreement)  and  in  consideration 
thereof,  the  said  J.  J\I.  did  thereby  covenant  and  agree  with  the  said 
J.  K.  that  he  the  said  J.  INI.  would  pay  or  cause  to  be  paid,  to  your 
Orator,  his  heirs,  executors,  or  administrators,  the  said  sum  of  c£  , 
injmediately  upon  tiie  executing  of  such  conveyance  as  aforesaid;  and 
it  was  tliereby  mutually  agreed  that  your  Orator,  or  his  heirs,  should  be 
at  the  expen-e  oi  making  a  good  title  to  the  said  premises,  and  that  the 
said  J.  .M.  should  be  at  the  expense  of  the  conveyances  and  assurances 
to  be  math-  there  of  to  him  as  aforesaid,  and  that  the  said  J.  M.  should 
ha\e  the  rents  und  profits  of  the  said  premises  from  the  said  of 


ORIGINAL  BILLS  PRAYING  RELIKF.  73 

provided  the  purchase  of  the  said  premises  should  be  completed  on  or 
before  that  day,  but  not  otherwise,  as  in  and  by  one  part  of  the  said 
articles  of  agreement,  now  in  the  custody  of  your  Orator,  and  ready  to  be 
produced,  (reference  being  thereto  liad)  will  more  fully  appear.     And 
your  Orator  further  sheweth  unto  your  Lordship,  that  in  consequence 
of  the  said  articles  of  agreement,  and  in  oider  to  the  performance  thereof 
on  the  part  of  your  Orator,  who  hath  been  ever  since  he  Iieard  thereof, 
which  was  shortly  after  the  date  thereof,  willing  to  perform  the  same, 
an  abstract  of  the  title  of  the  said  estate  was  on  your  Orator's  behalf, 
shortly  after  the  date  of  the  said  articles  of  agreement,  sent  unto  the  at- 
torney concerned  for  the  said  J.  M.   for  his  perusal,  together  with   all 
and  most  of  the  deeds  mentioned  in  such  abstract,  for  the  inspection 
of  such  attorney,  or  of  the  counsel  of  the  said  J.  M.   and  several  ob- 
jections having  been  from  time  to  time  made  to  your  Orator's  title  to 
the  said  estate,  by  the  counsel  or  conveyancer  before  whom  such  abstract 
was  laid,  by  or  on   behalf  of  the  said  J.  M.  all   such  objections  were 
long  since  answered  or  cleared  up  to  the  satisfaction  of  such  counsel  or 
conveyancer,  who  long  since,  by  writing  under  his  hand,  or  otherwise, 
approved  of  your  Orator's  title  to  the  said  messuages  and  premises, 
wherefore  the  said  J.  M.  ought  long  since  to  have  paid  to  your  Orator 
the  sum  of  £         ,  on  having  a  proper  conveyance  of  the  said  messuages 
and  premises  according  to  the  said  articles  of  agreement  executed  by 
your  Orator,  and  upon  having  possession  of  the  said  messuages  and  pre- 
fnises  delivered  unto  him.     And  your  Orator  hath  at  several  times  since 
your  Orator's  title  to  the  said  messuage  and  premises  was  so  approved, 
ill  and  by  letters,  and  by  your  Orator's  agent  in  a  friendly  manner  ap- 
plied unto  the  said  J.  M.  and  informed  him  of  your  Orator's  readiness 
to  make  and   execute  a  proper  conveyance  of  the  said  messuages  and 
premises,  on  payment  of  the  said  sum  of  £  ,  and  therefore  re- 

quested the  said  J.  M.  to  pay  unto  your  Orator  the  said  sum  of  £  , 

and  your  Orator  well  hoped  that  such  his  requests  would  have  been 
complied  with.  But  now  so  it  is,  may  it  please  your  Lordship,  that  the 
said  J.  M.  combining  (vide  page  4.  <5>  5.)  how  to  injure  and  defraud  your 
Orator  in  the  premises,  and  how  to  defeat  your  Orator  of  the  benefit 
of  the  said  articles  of  agreement,  he  the  said  J.  M.  sometimes  pretends 
that  he  did  not  execute  any  such  or  tlie  like  articles  of  agreement  as 
aforesaid,  or  that  your  Orator  cannot  make  out  a  good  title  to  the  mes- 
suages or  tenements,  lands  and  hereditaments,  or  not  to  all  the  parts 
thereof,  or  that  your  Orator  hath  not  made  out  such  title  to  the  satis- 
faction of  him,  or  his  counsel,  or  conveyancer  ;  whereas  your  0»ator 
charges  the  contrary  of  all  such  pretences  to  be  true,  but  nevertheless 
under  such  and  the  like  pretences  as  aforesaid,  or  some  other  equally  un- 
just, the  said  J.  M.  refuses  to  perform  the  said  articles  of  agreement  or; 
his  part.     AU  which   (vide  p.  5.  <S.  6.  c;if?  §  7- p-  7.^i  wh;?her.  A'c.  'hem 

11 


74  BILLS  FOR  SPECIFIC  PERFORMANCE. 

you  must  make  such  intermiratories  as  appear  7)wst  essential  to  ynnr 
client's  case,  proceedhtir  in  the  sa?nc  progression  as  you  stated  his  case 
in  the  staL'ng  part  of  the  Bill.)  And  that  the  said  articles  of  agreement, 
dated  the  day  of  ,  may  be  specificaUy  p'^rformed  and 

carried  into  execution  by  the  said  J.  INI.  your  Orator  hereby  offering  to 
perform  the  same  on  liis  part,  and  that  the  said  J.  M.  may  pay  unto 
your  Orator,  tlie  said  sum  of  £  ,  your  Orator  offering  thereon  to 
convey  the  said  messuages,  tenements,  lands  and  hereditaments,  unto" 
the  said  J.  M.  and  that  your  Orator  may  have  such  further  other  relief  in 
the  premises  as  to  your  Lordship  jhall  seem  just  and  proper,  &c.  {here 
icill  follow  the  common  prayer  for  a  suhpa^na.) 


Bill  for  a  specific  Perfonnance  of  a  Side  by  public  Auction. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators,  <5v:c. 
That  previous  to,  and  in  the  year  ,  your  Orators  were  seised  of,  or 

well  entitled  to  a  considerable  estate  of  inheritance,  consisting  of  vai  ions 
particulars,  situate,  lying,  and  being  in  and  near,  &c.  and  being  so  seised 
or  entitled,  they  did,  on  cause  the  said  estate  to  be  put  up  to  sale  by 
public  auction,  by  JMessrs.  S.  and  I),  in  eighteen  lots,  and  at  the  said 
sale  R.  P.  of  became  a  bidder  for,  and  was  declared   the  pur- 

chaser of  the  fust  of  the  said  lots,  for  £  ,  and  B.  N.  became  a 
bidder  for  and  was  circlared.  Sec.  (stating  each  purchaser  as  the  first  is 
stated)  and  each  of  them  paid  to  Messrs:  S.  and  D.  a  deposit  of  cf 
per  cent,  upon  their  said  rcs|»ctive  purchase  monies,  pursuant  to  one  of 
tiie  printed  conditions  of  the  said  sale,  and  did  also  by  themselves  and 
their  respective  agents,  duly  authorized,  sign  a  written  agreement  on  one 
of  the  said  printed  particulars  of  sale,  to  complete  their  said  respective 
purchases,  and  ))ay  the  remainder  of  their  purchase  money  on  or  bc- 
Ibre  .  That  Defendants  were  severally  let  into  possession  as  receiver 
of  the  rents  and  profits  of  said  several  hereditaments  and  premises,  so  as 
aforesaid  respectively  inncliased  ly  ijim,  some  time  in  or  about,  and  they 
have  ever  since  been,  and  are  now  in  the  possession  or  receipt  of  the  rents 
and  profits  thereof,  and  an  abstract  of  Complainant's  title  to  same  was 
sent  to  Defendants  or  their  respective  attornics,  and  cumphiinant's  title 
io  said  hereditaments  and  premises  hath  been  approved  by  them  or  on 
their  behalf.  That  ever  since  making  said  contracts  or  agreements,  com- 
plainants have  been  ready  and  willing  to  perform  the  same  on  their  part, 
and  to  make  and  execute  to  said  Defendants  all  necessary  conveyances, 
surrenders,  and  assurances,  of  the  said  herctiitaments  and  premises,  so  as 
aforesaid  purcliascd  by  them,  ujjon  being  paid  the  arrear  of  such  purchase 
money  for  the  same,  together  with  lawful  interest,  from  the  time  which 


BILLS  FOR  SPECIFIC  PERFORMANCE.  75 

Defendants  agreed  to  pay.  And  Complainants  have  frequent!-,  by  them- 
selves and  their  agents,  api)lied  to  and  requested  them  to  perform  said 
condition  and  arrreement  on  their  part  and  to  pay  to  Complainants  the 
remainder  of  their  said  respective  purchase  monies,  and  interest  thereon, 
after  deducting  what  they  paid  by  way  of  deposit,  as  aforesaid.  To  the 
end,  &c.  that  they  may  be  decreed  specifically  to  perform  saiil  contracts 
or  agreements,  made  and  entered  into  by  them  respectively,  as  therein  be- 
fore stated  ;  and  may  be  decreed  to  pay  Complainants  the  remainder  of 
aforesaid  purchase  monies,  or  sums  of  money,  for  which  they  were  de- 
clared purchasers  of  said  hereditaments  and  premises,  together  with  law- 
ful interest  for  the  same,  after  deducting  the  several  sums  paid  by  them 
respectively,  by  way  of  deposit,  as  aforesaid,  complainant  hereby  offer- 
ing upon  such  payment  being  made,  to  make,  execute,  and  deliver  to 
them  respectively,  or  as  they  shall  respectively  appoint,  all  necessary  con- 
veyances, surrenders,  and  assurances  thereof,  according  to  said  condi- 
lions  of  sale.     And  general  relief,  ^c. 

I.  c.  c. 


Bill  for  a  spccijlc  Performance,   Vendee  against  Vendor. 

Humbly    complaining,   sheweth    unto   your   Lordship,    your   Orator, 
J.   D.  of  ,  that  J.  D.  of  ,  one  of  the  Defendants 

hereinafter  named,  was,  in  and  before  the  month  of 
seised  to  him  and  his  heirs,  according  to  the  custom  of  the  manor  of  E. 
in  the  county  of  ,  of  and  in  a  messuage,  &c.  and  your 

Orator  sheweth,  that  the  said  J.  D.  being  desirous  to  dispose  of  the 
said  premises,  entered  into  an  agreement  with  your  Orator  for  the  sale 
thereof  to  him,  and  which  agreement  was  reduced  into  writing,  and  signed 
by  the  said  Defendant,  J.  D.  and  your  Orator,  and  is  in  the  words  and 
figures,  or  to  tlie  purport  and  eflect  following  ;  (that  is  to  say)  (stafr. 
agreememt  verbatim.)  As  by  the  said  memorandum  of  agreement  when 
produced,  will  appear.  And  your  Orator  further  bheweth  unto  your 
Lordship,  that  the  said  J.  D.  referred  your  Orator  to  one  V,  a  la- 
bourer who  had  long  lived  near  the  spot,  as  a  person  who  w^ell  knew  the 
boundaries  of  the  freehold  and  copyhold  part  of  the  field  out  of  which 
the  said  house  and  premises  had  been  taken.  And  the  said  J.  D. 
expressed  himself  to  be  ready  to  abide  by  the  opinion  of  the  said  \. 
in  that  respect.  And  your  Orator  sheweth,  that  he  accordingly  applied 
to  the  said  V.  for  his  opinion  in  that  behalf;  and  the  said  V.  there- 
upon informed  your  Orator  that  the  said  house  and  premises  agreed  to 
be  purchased  by  your  Orator,  and  whicli  were  in  the  north-east  part  of 
the  field,  w^ere  wholly  copy-hold,  and  that  the  freehold  lay  on  the  south 


76  BILLS  FOR   SPECL\L  PERI  OKMA.NCL. 

side  of  the  Tield.     And  your  Orator  further  shewctli  unto  your  Lordship, 
that  in  tlio  said  mouth  of  ,  and  before  the  day  fixed  for 

completing  the  said  agrceincnt,  your  Orator  called  upon  the  said  J.  D. 
and  oflered  to  pay  to  him  the  said  purcliasemoney  for  the  said  house 
and  premises,   and   then  requested   the  said  J.  D.  to  accompany  your 
Orator  to  the  steward  of  the  said  manor,  in  order  to  make  the  surrender 
of  the  said  premises.     But  the  said  Defendant  then  pretended  that  he 
must  make  further  inquiry  with  respect  to  the  said  premises,  before  he 
completed  the  said  agxecmenl.     And  the  said  J.  D.  frequently  afterwards 
desired  your  Orator  not  to  bo  in  a  hurry  about  the  business,  and  that  if 
your  Orator  waited  till  the  lease  was  out,  the  said  J.  D.  would  let  your 
Orator  have  the  field  adjoining  to  the  house.     And  your  Orator  sheweth, 
that  he  hath  repeatedly  apjilied  to  the  said  J.  D.  and  hath  requested  him 
specifically  to  perform  his   aforesaid  contract.     And  your  Orator  well 
hoped  that  the  said  Defendant,  J.  D.  would  have  complied  with  siJch 
your  Orator's  reasonable  requests,  as  in  justice  and  equity  he  ought  to 
have  done.     But  now  so  it  is,  Sec.  the  said  J.  D.  combining  and  confede- 
rating to  and  with  T.  R.  C.  of         ,  absolutely  refuses  so  to  do ;  and  the 
said  J.  D.  hath  actually  sold  the  said  messuage  and  premises  to  the  said 
Defendant  T.  R.  C.  at  an  advanced  price  and  hath  surrendered  the  same 
to  the  use  of  the  said  T.  R.  C.  his  heirs  and  assigns,  and  the  said  T.  R.  C 
hath  been  admitted  upon  such  surrender.     And  the  said  Defendant.  J.  D. 
at  some  times,  pretends  that  the  said  messuage  and  premises  were  part 
freehold,  and  that  therefore  the  said  Defenuant  was  discharged  from  his 
said  agreement  with  your  Orator;  whereas  your  Orator  expressly  charges 
the  contrary  thereof  to  be  the  truth.     And  as   further  evidence  thereof, 
your  Orator  charges  that  the  surrender  made  by  the  said  J.  D.  to  the 
said  T.  R.  C.  comprises,  by  description,  and  according  to  the  dimen- 
sions therein  expressed,  the  whole  of  the  said  messuage  and  premises  so 
agreed  to  be  sold  to  your  Orator,  and  that  the  same  were  sold  by  the 
said  J.  D.  to  the  said  T.  R.  C,  as  wholly  copyliold,  and  were  no  otherwise 
conveyed  or  assigned  to  him  than   by  the  said  surrender.     And  your 
Orator  further  charges,  tliut  before  the  said  surrender  was  made  by  the 
taid  J.  D.  to  the  use  of  the  said  T.  R.  C.  as  aforesaid,  and   before 
the  said  T.  R.  C.  paid  his  purchase  money  for  the  same,  if  he  has  in 
fact  paid  such  purchase  money,  the  said  T.  R.  C.  had  some  notice  or  in- 
timation, or  some  reason  to  suspect  or  believe  that  he  the  said  J.  D.  had 
entered  into  an  agreement  with  your  Orator  for  the  sale  of  the  said  pre- 
mises to  your  Orator  ;  and  in  particular  your  Orator  charges  that  the  said 
T.  R.  0.  carries  on  the  business  of  a  brewer,  in  copartnership  with  W. 
and   H.     And  that  the  said  W.  and   II.  were  both  informed  by  your 
Cyrator  of  his  said  agreement ;  and  your  Orator  actually  delivered  the  said 
agreement  to  tiit,'  !-ajd  II.  previous  to  the  said  surrender  to  the  said 


BILLS  FOR  SPECIFIC  PERFORMANCE.  77 

T.  R.  C.  or  to  tlio  payment  of  his  purchase  money ;  ^nd  the  said  W.  and 
H.  or  one  of  them,  acted  as  the  agent  or  agents  of  the  said  T.  R.  C.  in 
the  treaty  with  the  said  J.  D.  or  were  in  some  manner  employed  or  took 
some  part  tiierein,  on  the  behalf  of  the  said  T.  R.  C,  And  the  said  W. 
and  H  or  one  of  them,  gave  some  information  or  intimation  to  the  said 
T.  R.  C.  respecting  the  agreement  made  by  your  Orator  with  the  said  J.  D. 
And  the  said  W.  and  H.  as  the  partners  of  the  said  T.  R.  C.  have  some 
right  or  interest  in  the  said  premises,  although  the  surrender  thereof  was 
made  as  aforesaid  to  the  said  T.  R.  C.  alone.  And  yonr  Orator  further 
charges,  that  the  said  J.  D.  hath,  in  some  manner,  indenmified  or  under- 
taken to  indemnify  the  said  T.  R.  C.  against  the  claims  of  your  Orator, 
in  respect  of  his  said  agreement,  as  there  is  some  undertaking  between 
the  said  J.  D.  and  the  said  T.  R.  C.  that  the  said  T.  R.  C.  is  to 
be  indemnified  against  such  claim.  All  which,  &c.  To  the  end  there- 
fore, Sec.  And  that  the  said  Defendants  may  answer  the  premises ;  and 
that  the  said  agreement  so  made  between  your  Orator  and  the  said  J.  D. 
as  aforesaid  may  be  specifically  performed  ;  and  that  the  said  T.  R.  C. 
may  be  decreed  to  surrender  the  said  messuage  and  premises  to  your 
Orator,  and  his  heirs,  your  Orator  being  ready  and  willing,  and  hereby 
offering  specifically  to  perform  the  said  agreement,  in  all  tilings,  on  his 
part  and  behalf.  [Or  if  it  should  appear  that  the  said  T.  R.  C.  is  a 
purchaser  without  notice  of  the  said  agreement  between  your  Orator  and 
the  said  J.  D.  then  the  said  J.  D.  may  account  for  and  pay  to  your 
Orator  the  difference  between  the  price  stipulated  in  the  said  agreement, 
and  the  sum  at  which  he  sold  the  same  to  the  said  T.  R.  C]  And  that 
the  said  Defendants  may,  in  the  mean  time,  be  restrained  from  bringing 
any  action  of  ejectment  against  your  Orator,  in  order  to  turn  him  out  of 
possessicHi  of  the  said  premises.     And  for  further  relief. 

J.  L. 
N.  B.  That  part  between  crotchets  is  an  amendment  upon  the  coming 
in  of  the  answer,  in  case  it  should  not  be  made  out  that  C.  by  him- 
self or  his  agents,  had  notice. 

Pray  Subpoena  against  J.  D. 
and  T.  R.  C. 


Bill  by  Lessee  against  Lessor,  for  a  specific  Performance. 

Humbly  complaining  unto,  &c.     That  Defendant,  of  ,  in 

the  month  of  ,  being  or  pretending  to  be  seised  or  possessed 

of  a  messuage  or  tenement,  situate,  &c.  and  being  willing  and  desirous 
to  let  the  same,  he,  in  the  month  of  .  proposed  or  agi-eed  to 


78  BILLS    FOR^  SPECIFIC    PERFOKMANCE. 

grant  unto  your  Orator  a  lease  of  the  aforesaid  premises,  with  the  appur- 
tenances, and  thereupon  your  Orator  and  Defendant  duly  executed  or 
subscribed  a  certain  memorandum  or  agreement,  bearing  date,  &c.  and 
made  between  your  Orator  of  the  one  part,  and  Defendant  of  the  other 
part,  whereby  Defendant  agreed  to  let,  &:c.  (stale  the  agreetnent.)  As  in 
and  by,  &c.  And  your  Orator  further,  &c.  That  in  expectation  and 
full  confidence  that  a  lease  would  have  been  made  and  executed  to  him  of 
the  said  messuage,  or  tenement  and  premises,  pursuant  to  the  term  of  the 
said  agreement,  he  hath  laid  out  sundry  sums  in  repair  of  the  said  premi- 
ses, to  a  considerable  amount.  And  your.  &c.  That  Plaintiff  halh  been 
always  ready  to  perform  his  part  of  the  said  agreement,  and  to  accept  a 
lease  of  the  said  premises,  pursuant  to  the  terms  thereof.  And  your  Ora- 
tor, for  that  purpose,  caused  a  draft  of  a  lease  to  be  drawn,  pursuant  to 
the  terms  of  the  aforesaid  agreement,  and  tendered  the  same  lo  Defen- 
dant, for  her  perusal  and  approbation  ;  but  Defendant  refused  to  accept 
or  peruse  the  same.  And  your  Orator,  &c.  That  he  hath  frequenlly  ap- 
phed,  by  himself  and  his  agents,  in  a  friendly  manner,  to  Defendant, 
and  requested  her  to  make  and  execute  unto  your  Orator  a  lease  of  the 
said  messuage  or  tenements,  and  premises,  conformable  to  the  i^aid  agree- 
ment. And  your  Orator  well  hoped,  &c.  But  now  so  it  is,  &c.  De- 
fendant pretends,  that  no  such  agreement,  as  aforesaid,  was  ever  made  or 
entered  into  by  or  between  the  said  Defendant  and  your  Orator,  or  any 
agreement,  or  that  she  consented  to  grant  a  lease  to  your  Orator  of  the 
aforesaid  messuage,  or  tenement  and  premises.  Whereas,  &c.  of  such  pre- 
tences to  be  the  truth.  And  so  the  said  confederate  will  at  other  times 
admit ;  but  then  she  pretends  that  she  hath  been  always  ready  and  willing 
to  make  and  execute  a  lease  of  the  said  messuage,  or  tenement  and  pre- 
mises, pursuant  to  the  terms  of  the  said  agreement,  and  in  all  respects  to 
perform  the  same  on  her  part.  Charge,  &c.  But,  nevertheless,  Defen- 
dant refuses  to  comply  with  your  Orator's  aforesaid  requests,  or  to  perform- 
er fulfil  the  aforesaid  agreement.  All  which,  &c.  And  that  the  said  agree- 
ment may  be  specifically  performed  and  carried  into  execution  :  and  that 
Defendant  may  be  decreed  to  execute  a  lease  of  the  aforesaid  messuage, 
or  tenement  and  premises,  (O  your  Orator,  according  to  the  terms  of  the 
aforesaid  agreement.  Your  Orator  hereby  ofl'ering  lo  execute  a  counter- 
part thereof,  and  in  all  other  respects  to  perform  his  part  of  the  said  agree- 
ment.   And  for  further  relief. 

J.  L. 


BILLS    FOR    SPECIFIC    PERFORMANCE.  79 

Bill  by  Lessee  against  Lessor,  for  specific  Performance, 
and  Injunction  to  restrain  him  in  action  of  Ejectment, 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator,  J.  M. 
of,  &c.  That  J.  C.  of,  &c.  the  Defendant  hereinafter  named,  was,  in 
and  before  the  month   of  ,  seised  of,  or  otherwise  well  enti- 

tled to  the  reversion  of  a  farm  and  lands,  called  or  known  by  the  name 
of,  &c.  situate,  &c.  which  your  Orator  had  occupied  from  the  year  , 
at  the  annual  rent  of  £  ,  under  and  by  virtue  of  a  lease  thereof,  from 
the  Rev.  E.  S.  which  would  expire  at  And  your,  &c. 

that  being  desirous  to  obtain  a  new  lease  of  his  said  farm  and  lands, 
your  Orator,  on  or  about,  &c.  entered  into  a  treaty  for  such  new  lease 
with  a  Mr.  D.  the  agent,  steward  of  the  said  Defendant,  I.  C.  and  who 
was  duly  authorized  by  the  said  Defendant  for  that  purpose.  And  your 
Orator  sheweth,  that  the  said  Mr.  D.  asked  an  increased  rent  of  <£  , 
for  the  said  farm  and  lands,  from  the  expiration  of  the  subsisting  lease, 
which  your  Orator  expressed  himself  to  be  willing  to  give  upon  a  lease 
for  fourteen  years  ;  and  the  said  Mr.  D.  then  told  your  Orator  that  the 
said  Defendant  would  object  to  granting  leases,  but  that  he  the  said  Mr. 
D.  should  see  the  said  Defendant  in  the  course  of  that  day,  and  would  let 
your  Orator  know;  and  the  said  Mr.  D.  accordingly,  in  the  evening  of 
that  day,  informed  your  Orator  that  he  had  seen  the  said  Defendant,  and 
that  the  said  Defendant  was  willing  to  grant  to  your  Orator  a  new  lease 
for  seven  years,  at  the  said  proposed  advance  of  jf  a  year  ;  and  your 
Orator  then  agreed  with  the  said  Mr.  D.  to  accept  the  said  new  lease 
upon  such  terms.  And  your,  &:c.  that  on  or  about,  &c.  your  Orator  was 
at  the  office  of  the  said  Mr.  D.  upon  other  business  ;  and  the  said  Mr. 
D.  then  informed  your  Orator  that  tlie  said  Defendant,  &c.  found  fault 
with  the  bad  state  of  husbandry  of  a  part  of  the  said  lands  called,  &c. 
and  that  he  thought  your  Orator  had  better  have  his  lease  executed,  as 
Mr.  C.  who  had  agreed  for  a  lease  at  the  same  time  with  your  Orator, 
was  going  to  have  his  ;  and  the  said  Mr.  D.  then  asked  your  Orator  if  he 
would  have  the  lease  made  in  his  own  name,  or  in  the  name  of  himself 
and  his  brother,  to  wiiich  your  Orator  answered,  that  he  would  have  it 
in  his  own  name.  And  your,  &c.  that  the  said  Mr.  D.  then  gave  directions 
to  his  clerk  to  prepare  two  double  leases,  one  for  your  Orator,  and  the 
other  for  the  said  Mr.  C.  but  no  such  lease  has  in  fiict  ever  been  deli- 
vered to  your  Orator.  And  your,  &c.  that  on,  &c.  your  Orator  paid  to 
the  said  Mr.  D.,  on  account  of  the  Defendant,  the  sum  of  £  ,  for 
the  half  year's  advanced  rent,  which  became  due  under  the  aforesaid 
agreement,  at  ,  and  your  Orator  hath  ever  since  paid 

the  said  increased  rent  in  performance  of  the  said  agreement.     And  yoiir 


80  BILLS    FOR    SPFX'IFIC    PERFORMAXCL. 

Orator,  in  tlie  confidence  that  tlie  said  Defendant  would  duly  grant  iw 
him  a  lease  of  the  said  farm  and  lands  for  tlie  said  term  of  seven  years, 
pursuant  to  the  terms  of  the  said  agreement,  liatli  laid  out  a  considerable 
sum  of  money  in  completing  an  inclosure,  and  in  quickening  about  thirty- 
five  acres  of  land,  part  of  the  said  farm,  in,  &c.  parish,  and  in  new  fenc- 
ing and  quickening  other  parts  of  the  said  farm,  and  in  stone-draining 
other  parts  tlu-reof,  and  in  building  a  wain-house  thereto.  And  your 
Orator  sheweth,  that  he  was  proceeding  to  make  other  improvements 
upon  the  said  farm  and  lands,  but  tliat,  at  or  about  ast,  your 

Orator  was  served  with  a  notice  from  the  said  Defendant,  to  quit  the 
said  farm  and  lands  at  the  following.     And  your,  <i'c.    that  he 

hath,  by  himself  and  his  agents,  repeatedly  applied  to  the  said  Defendant 
to  grant  him  a  lease  of  the  said  farm  and  lands,  pursuant  to  the  agree- 
ment aforesaid.  And  your  Orator  well  hoped,  «.Vc.  And  the  said  De- 
fendant, in  or  as  of  Easter  term,  served  your  Orator  with  a  declaration 
in  ejectment,  and  the  said  Defendant  threatens  and  intends  to  proceed, 
in  the  said  action  of  ejectment,  in  order  to  turn  your  Orator  out  of  the 
possession  of  the  said  premises,  unless  he  be  restrained  therefrom  by  the 
order  and  injunction  of  this  honorable  Court.  All  which,  &c.  (The  usual 
prayer  for  a  specific  performance,  and  the  injunction.) 

J.  L. 


Bill  for  a  specific  Performance,  Pretence,  that  by  reason 
of  the  original  Lease  being  lost,  a  good  Title  cannot  be 
made  Defendant  in  Possession,  and  ought  to  be  charged 
with  the  Rent,  ^-c. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator,  E.  T. 
of,  ^'c.  that  by  indenture,  bearing  date,  iVc.  and  made  between  E.  H.  of, 
/tc.  of  the  one  part,  and  the  Defendant  of  the  other  part.  The  said 
E.  II.  for  and  in  consideration,  Sec.  And  your,  &c.  That  on  or  about 
the,  &c.  your  Orator  entered  into  an  agreement  with  I.  C.  of.  Sec. 
tlie  Defendant  hereinafter  named,  which  was  reduced  into  writing, 
and  signed  by  the  said  I.  C.  and  by  one  H.  D.  for  and  on  the  be- 
half of  your  Orator,  and  who  was  duly  authorized  by  your  Orator  for 
that  purpose,  and  is  in  the  words  and  figures,  or  to  the  purport  and 
el'k'ct  following  (that  is  to  say),  Mr.  T.  proposes  to  sell  Mr.  C. 
the  remaining  term  of  his  lease  of  the  ,    with  all    lands   and 

premises  thereto  annexed,  &;c.  with  an  exception  of  part  of  the  pre- 
mises, which  had  before  been  let  to  another  person,  as  in  and  by,  &c. 
And  your,  &;c.  That  it  being  understood  and  agreed  between  the  said 
}l.  D.  on  ihe  part  of  your  <.>rator  and  tlie  said  I.  C.  that  he  the  said  I.  C. 


BILLS    FOR    SPECIFIC    PERFORMANCE.  81 

should  have  immediate  possession  of  the  said  messuage,  lands,  and  pre- 
mises, the  said  H.  D.  did  accordingly,  upon  the  signing  of  the  said  agree- 
ment, deliver  unto  the  said  I.  C  the  keys  belonging  to  the  said  premises, 
and  the  said  I.  C.  or  some  person  on  his  part  and  behalf,  hath  ever  since 
been  in  possession  of  the  said  premises.  And  your,  &:c.  That  your 
Orator  hath  repeatedly  applied  to  the  said  I.  C.  and  hath  requested  him 
specifically  to  perform  the  said  agreement  on  his  part  and  behalf.  And 
your  Orators  well  hoped,  &c.  And  to  color  such  his  refusal,  the  said 
I.  C.  pretends,  that  by  reason  that  the  original  lease  has  been  lost  or 
mislaid,  that  therefore  your  Orator  cannot  make  a  good  title  to  the  said 
messuage,  lands,  and  premises,  for  the  residue  of  the  said  term  ;  whereas 
your  Orator  charges,  that  the  said  E.  H.  upon  being  informed  thereof, 
executed  the  counterpart  of  the  same  lease,  and  dehvered  the  same  to 
your  Orator,  and  is  ready  to  confirm  the  said  lease  in  any  other  manner 
that  can  reasonably  be  required.  And  your  Orator  further  charges,  that 
your  Orator  hath  caused  an  under  lease  of  the  said  premises  to  be  pre- 
pared according  to  the  agreement  so  made  and  signed  as  aforesaid,  by 
the  said  Defendant,  and  hath  caused  the  same  to  be  tendered  to  the  said 
Defendant ;  and  the  said  Defendant  hath  been  requested,  by  or  on  the 
part  of  your  Orator,  to  accept  the  said  under  lease,  and  to  execute  a  coun- 
terpart thereo^j  but  the  said  defendant  refuses  so  to  do,  and  insists  that 
he  is  entitled  to  an  assignment  of  the  original  lease.  And  your  Orator 
further  charges,  that  the  said  Defendant  is  to  be  considered  as  in  posses- 
sion of  the  said  premises,  from  the  date  of  the  said  agreement,  and 
ought,  from  thence,  to  pay  all  rent  and  charges  in  respect  of  the  said 
premises,  and  ougiit  also  to  pay  to  your  Orator  interest  on  the  said  pre- 
mium of  £  .  All  which,  &c.  To  the  end,  &c.  And  that  the  said 
Defendant  may  answer  the  premises,  (iisital  prayer  for  specific  •perfor- 
mance.^ praying  that  the  said  Defendant  is  chargeable  with  all  rents  and 
charges  afiecting  the  said  premises,  since  the  date  of  the  said  agreement. 
And  that  the  said  Defendant  may  pay  to  your  Orator  interest  on  the  said 
sum  of  £         J  from  the  date  thereof.  And  for  further  relief,  &;c. 

J.  L. 


Conclusion  to  a  Bill  for  a  specific  Performance.  Vendee 
objects  to  Title,  Charge  that  he  makes  Difficulties  to 
delay  Completion,  by  reason  of  the  Fall  of  Stocks. 

And  your  Orator  sheweth,  that,  in  the  course  of  a  fortnight,  the  said 
abstract  was  returned,  with  a  request  that  further  explanation  might  be 
given  to  your  Orator-s  title  to  seme  parts  of  the  said  premisesj  and  that 

12 


■"-v^f 


82  BILLS    FOU    SPLCIFIC    P£RFORMA>CE. 

such  explanation  was  soon  afterwards  given.  And  your  Orator  shewetl), 
that  he  hall)  since  repeatedly  applied  to  the  said  Defendant  to  complete 
his  said  purchase,  according  to  the  said  articles  of  agreement :  and  your 
Orator  well  hoped,  &c.  Kutnow,  &'c.  absolutely  refuses  so  to  do.  And 
to  color  such  his  refusal,  the  said  Defendant  hath  made  various  oI)jec- 
tions  to  the  title  of  your  Orator  to  the  said  premises.  Whereas  your 
Orator  charges,  that  such  objections  are  frivolous  and  unfounded,  and 
are  made  by  the  said  Defendant  only  for  the  purpose  of  evading  the  per- 
formance of  the  said  agreement,  which,  by  reason  of  the  fall  of  the  price 
of  stocks,  occasioned  by  war,  has  become  less  advantageous  to  the  said 
Defendant ;  and  the  said  Defendant  hath  lately  commenced  an  action  at 
law  against  your  Orator,  in  his  Majesty's  Court  of  King's  Bench,  for  the 
recovery  of  the  said  sum   of  £  ,  which  was  paid  by  him  to  your 

Orator,  as  a  depysit  on  the  execution  of  the  said  agreement ;  and  the  said 
Defendant  threatens  and  intends  to  proceed  to  execution,  unless  he  be 
restrained  by  the  injunction  of  this  honorable  Court.     To  the  end,  &c. 


Prayer  to  a  Bill  for  the  specific  Performance  of  an 
Agreement^  on  the  Faith  of  which  Plaintiff  had  paid 
a  large  Sum  of  Money,  and  had  also  expended  consider- 
able Sums  in  Repairs  and  Alterations  of  the  Premises, 
that  if  good  Title  could  not  be  made,  Plaintiff  might  be 


taken  to  be  Mortgagee. 


Case. 


"  T.  II.  by  mticles,  agreed  to  convey  a  messuage  or  tenement  to  Plain- 
tiff, for  £  in  fee,  which  messuage  or  tenement  had,  together 
witli  other  lands,  been  conveyed  to  J.  A.  and  his  heirs  for  £  ,  to  the 
use  of  the  said  J.  A.  his  executors,  &c.  for  years,  and  subject  thereto 
to  the  appointment  of  said  J.  II.  and  in  default  of  appointment  to  the 
use  of  J.  H.  in  fee ;  and  there  was  a  covenant  by  said  J.  II.  and  wife  in 
the  mortgage  deed,  to  levy  a  fine  to  the  use  thereof,  which  was  levied 
accordingly.  Plaintifl"  was  let  into  possession  of  premises  in  pursuance 
of  the  agreement,  and  laid  out  £  therein  in  repairs ;  he  paid  the 
£  to  J.  A.  part  of  the  said  £  ,  and  J.  H.  paid  the  remainder  and 
interest  previous  to  the  said  mortgage  to  J.  A.  said  messuage  or  tenement 
had  been  conveyed  to  E.  H.  and  J.  II.  in  trust  for  J.  II.  and  I\I.  his  wife 
for  their  lives,  remainder  to  their  children  as  tenants  in  common  ;  of  this 
settlement  Plaintiff  had  no  notice.  The  Bill  was  brought  by  Plaintiff 
for  performance  of  the  agreement." 


BILLS  FOR  SPECIFIC  PERFORMANCE.  83 

Prayer. 

That  the  said  agreement,  bearing  date,  &c.  entered  into  by  the  said 
T.  H.  with  the  Plaintiff  as  aforesaid,  may  be  performed,  if  the  said 
T.  H.  can  make  a  good  title  to  the  said  messuage  and  premises ; 
Plaintiff  being  willing  to  perform  the  same  on  his  part,  and  that  in 
such  case  the  said  T.  H.  may  be  decreed  to  make  and  execute,  and 
procure  to  be  made  and  executed,  proper  conveyances  of  the  said 
messuage  and  premises  to  Plaintiff,  free  from  incumbrances,  pur- 
suant to  his  said  agreement.  And  in  case  the  said  T.  II.  shall  not 
be  able  to  make  a  good  title  to  the  said  messuage  and  premises, 
then  that  an  account  may  be  taken  of  what  is  due  to  Plaintiff  for  the 
aforesaid  sum  oi  £  so  paid  by  Plaintiff  to  the  said  J.  A.  as 

aforesaid,  and  interest  for  the  same  ,  and  of  all  sums  of  money  paid, 
laid  out,  and  expended  by  Plaintiff,  in  repairing  and  altering  the  said 
messuage  and  premises,  and  making  the  same  suitable  and  conve- 
nient for  Plaintiff's  business  as  aforesaid,  and  that  the  said  T.  H. 
may  be  decreed  to  pay  to  Plaintiff,  what  shall  appear  to  be  due  to 
him  on  the  taking  of  the  said  accounts.  And  in  case  it  shall  appear 
that  the  said  T.  H.  is  unable  to  pay  the  said  sum  of  £  and 

interest,  so  paid  by  Plaintiff  to  the  said  J.  A.  as  aforesaid,  then  that 
the  said  T.  H.  may  be  decreed  to  pay  Plaintiff  what  shall  appear 
to  be  due  to  Plaintiff  for  the  money  expended  by  Plaintiff  on  the 
said  messuage  and  pren)ises,  and  that  the  said  J.  A.  and  all  proper 
parties  may  be  decreed  to  assign  to  Plaintiff  the  said  mortgage, 
bearing  date,  &c.  so  made  by  the  said  T.  H.  to  the  said  J.  A.  as 
aforesaid,  as  of  the  rest  oi  tlie  estates  comprized  in  the  said  mort- 
gage. And  then  that  the  said  T.  II.  and  M.  his  wife,  saidG.  H.  and 
I.  H.  may  be  decreed  to  pay  to  Plaintiff  what  shall  appear  to  be 
due  for  principal  and  interest,  together  with  Plaintiff's  costs  of  this 
suit,  by  a  time  to  be  appointed  by  this  honorable  Court  for  that  pur- 
pose, and  in  default  of,  ttc.  that  the  said  T.  H.  and  M.  his  wife 
may  be  barred  from  all  equity  of  redemption  in  the  premises  com- 
prized in  said  mortgage  or  any  part  tliereof,  and  for  further  relief. 

J.  M. 


Bill  by  first  Vendee  against  Vendor,  and  an  after  Pur- 
chaser wilh  Notice,  charging  him  with  Notice,  also  an 
Injunction  from  cutting    Wood. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator,  B.  R. 
ofj  &c.  that  G.  K.  of,  &c.  farmer,  the  Defendant  hereinafter  named,  was, 


8i  BILLS  FOU  SPtCIFIC  PEKt  OKMANCi:. 

or  pretended  to  be,  in  and  before  the  month  of  seised  ol"  or 

well  entitled  (o  a  freehold  estate  of  inheritance,  consisting  of,  &c.  in  the 
and  then  in  the  occupation  of  the  said  C  K.  and  that  the  said 
G.  K.  on  or  about  the       day  of  caused  the  said  estate  and 

premises  to  be  put  up  to  sale  by  puMic  auction,  Ijy  a  Mr.  S.  an 
auctioneer,  in  one  lot;  and  your  Orator  sheweth,  that  your  Orator  em- 
ployed one  A.  B.  to  attend  at  the  said  sale  as  a  bidder  on  behalf  of 
your  Orator,  and  that  the  said  A.  B.  became  and  was  declared  to  be  the 
best  bidder  and  purchaser  of  the  said  estate,  at  or  for  the  price  or  sura  of 
£  and,  Sec.  that  by  the  4th  article  of  the  printed  conditions  of  the  said 
sale,  it  was  expressed,  that  the  purchaser  should  immediately  after  the  sale, 
pay  into  the  hands  of  the  proprietor's  attorney,  a  df-posit  of  £  per 
cent,  in  part  of  the  purchase-money,  and  sign  an  agreement  for  payment 
of  the  remainder  on  or  before  the  of  next,  and  now  past. 

And  that  by  the  5th  of  the  said  conditions  of  sale  it  was  expressed,  that 
a  good  title  should  be  made  to  the  said  premises  at  the  vendor's  expense, 
whose  attorney  would  make  out  the  necessary  conveyances  which  were  to 
be  approved  of  by  the  purchaser's  attorney  on  or  before  the  day 

of  last ;  such  purchaser  paying  towards  such  conveyances,  the  sum 

of  ^  .     And  your  Orator  sheweth,  that  the  said  A.  B.  not  being 

prepared  to  pay  the  whole  of  the  deposit,  according  to  the  said  conditions 
of  sale,  the  said  G.  K.  consented  to  accept  the  sum  of  £  in  part  thereof 
and  to  wait  for  the  remainder,  and  thereupon  an  agreement  was  written 
at  the  foot  of  one  of  the  printed  particulars,  and  signed  by  the  said  De- 
fendant G.  K.  and  the  said  A.  B.  in  the  words  and  figures,  or  to  the 
purport  and  effect  following,  (that  is  to  say,  which  agreement  ratified  the 
purchase  by  both  parties,  and  stated  the  payment  of  the  £  and  a  condi- 
tion to  pay  the  remainder.  And  your  Orator  sheweth  that  the  said  A.  B. 
afterwards  on  the  day  ,  signed  a  memorandum  at 

the  foot  of  the  agreement,  to  the  purport  and  effect  following,  that  is 
to  say  :  "  I,  the  before-mentioned  A.  B.  do  hereby  acknowledge  that  I 
have  purchased  the  before-mentioned  estate,  by  the  order  and  for  the  use 
of  B.  R.  of  ,  as  in,  and.  Sec."  And  your  Orator,  &:c.  that  shortly  after- 
wards the  said  A.  B.  by  the  direction  of  your  Orator,  tendered  or  offered 
to  pay  to  .1.  F.  of  who  acted  as  the  attorney  of  the  said  G.  K.  in 

the  said  sale,  the  sum  of  £  in  full  for  the  deposit-money  in  the  said 
purchase,  and  the  said  J.  F.  thereupon  desired  the  said  A.  B.  to  pay  the 
same  into  Mr.  L.'s  bank  until  he  procured  a  j)roper  receipt  for  it,  and 
the  said  A.  B.  accordingly  paid  the  said  sum  of  £  into  Mr.  L.'s  bank 
on  the  day  of  the  said  mondi  of  ,  where  it  has  ever 

fc'ince  remained.  And  your,  «^'c.  that  the  abstract  of  the  title  to  the  said 
premises  not  having  been  delivered  to  your  Orator,  or  to  any  person  on 
his  part,  your  Orator  on  the  day  of  ,  caused  a  tender 


BILLS  FOR  SPECIFIC  PERFORMANCE.  85 

to  be  made  of  the  said  sum  of  jC  to  the  said  Defendant  G.  K.  and  also 
to  the  said  I.  P.  by  a  Mr.  G.  who  at  the  same  time  served  each  of  them 
with  a  notice  in  writing  in  the  words  and  figures,  or  to  the  efiect  following, 
that  is  to  say,  "  Sir,  I  do,  &rc.  (tendering  the  remainder  of  the  deposit- 
money,  and  desiring  to  fulfil  the  contract,  and  a  caution  not  to  cut  timber, 
or  c(iminit  waste,)  as  in  and  by,  &;c."  And  your  Orator  shcweth,  that  the 
said  'Mr.  F.  the  attorney  of  the  said  Defendant,  upon  being  served  with 
the  said  notice,  signed  an  acknowledgment  in  the  words  and  figures,  or  to 
the  effect  following,  that  is  to  say,  (acknowledging  the  receipt  of  the  depo- 
sit money)  as  in  and  by  the  said  notice  and  acknowledgment,  which,  or  one 
of  which  is  now  in  the  custody  or  power  of  the  said  Defendant,  when 
produced,  will  appear.  And  your,  &rc.  that  the  said  J.  F.  sent  an  ab- 
stract of  the  title  of  the  said  Defendant  to  the  said  premises  to  Mr.  E. 
the  solicitor  of  your  Orator,  accompanied  with  a  letter,  written  by  Mr.  B. 
tlie  clerk  of  the  said  I.  P.  and  bearing  date  the         day  of  , 

which  was  in  the  words  or  to  the  effect  following,  that  is  to  say,  (request- 
ing the  abstract  and  draft  conveyance  to  be  returned  as  soon  as  possible, 
to  complete  the  business.)  And  your  Orator  sheweth,  that  on  the  day 
of  the  said  month  of  ,  the  said  Mr.  E.  sent  an  answer  to  the  said  ■ 

I.  F.  in  the  words  or  to  the  effect  following,  (that  is  to  say,)  acknowledging 
the  receipt  of  last  letter,  and  stating  that  it  should  be  effected  as  quick  as 
possible  and  warning  Defendant  from  committing  waste.  [And  your,  &c. 
that  many  queries  were  made  upon  the  .abstract  by  the  counsel  before 
whom  the  same  was  laid,  occasioned  by  former  inaccuracies  and  miscon- 
ceptions relative  to  the  assignments  of  various  outstanding  terms  affecting 
the  said  premises  ;  and  it  also  appeared  by  the  said  abstract  that  many  of 
the  title-deeds  of  the  said  premises  had  not  been  entered  with  the  register 
of  the  Bedford  level,  as  by  law  they  are  required  to  be ;  said  premises 
being  adventure  land,  and  part  of  the  said  level.  And  your  Orator  sheweth, 
that  some  lime  was  therefore  necessarily  consumed  in  correspondence, 
between  the  solicitors  of  your  Orator  and  the  said  G.  K.  as  to  these  points,, 
and  on  the         day  of  ,  a  meeting  was  had  between  the  said 

G.  K.  and  your  Orator,  and  their  respective  solicitors,  when  it  was  ver- 
bally agreed  between  your  Orator  and  the  said  G.  K.  that  as  there  was  no 
hope  that  the  corporation  of  the  Bedford  level  would  obtain  an  act  of  Par- 
liament to  supply  the  defect  of  registration,  which  was  supposed  to  exist 
to  a  great  extent,  the  time  for  completing  your  Orator's  purchase  should 
be  enlarged  until  the  day  of  ,  but  if  the  difficulties  in  the 

title  of  the  said  G.  K.  should  be  removed  before  that  time,  then  your 
Orator  should  sooner  complete  his  purchase,  and  the  said  G.  K.  should 
in  the  meantime  manage  the  farm  according  to  an  agreement  to  be  en- 
tered into  for  that  purpose.  And  your,  &c.  that  in  the  course  of  conver- 
sation at  the  said  meeting,  your  Orator  learnt,  that  the  aforesaid  abstract 


86  BILLS  FOR  SPECIFIC  PERFORA^ANCfi. 

which  had  been  delivered  to  your  Orator's  solicitor  had  not  been  mrfde 
out  and  examined  by  the  said  Mr.  F.  but  had  been  received  by  him  from 
Messrs.  M.  and  S.  who  were  solicitors  to  a  Mr.  R.  to  whom  the  said  pre- 
mises were  in  mortgage.  And  your  Orator  sheweth,  that  after 
Mr.  E.  on  the  part  of  your  Orator,  had  prepared  the  draft  of  an  instru- 
ment in  writing,  for  carrying  into  effect  the  verbal  agreement  made  at  the 
aforesaid  meeting,  the  said  Mr.  E.  received  a  letter  written  by  A.  B.  the 
clerk  of  the  said  Mr.  F.  and  bearing  date  the  day  of  ,  in 

the  words,  or  to  the  effect  following,  that  is  to  say,  I  saw  Mr.  S.  Szc.  (stat- 
ing the  defect  of  the  title,  and  writing  for  a  copy  of  case  and  opinion  to 
send  Mr.  S.)  And  your  Orator  sheweth,  that  t!ie  said  Mr.  E.  according- 
ly sent,  by  the  return  of  post,  a  copy  of  the  case  and  opinion  required, 
and  on  the  day  of  ,  the  said  Mr.  E.  received  another 

letter  from  the  said  A.  B.  in  the  words,  or  to  the  effect  following, 
(that  is  to  say,)  "  K.  and  R.  on  the  other  side,  &c.-'  (to  know  if  Plaintiff 
would  accept  upon  title  offered,  if  not  they  had  another  purchaser;)  and 
your  Orator  sheweth  that  the  copy  of  Mr.  M.'s  letter  contained  in  the 
said  last  mentioned  letter  from  the  said  A.  B.  was  in  the  words,  or  to  the 
effect  following,  (that  is  to  say,)  "  I  am,  &c.  (knowing  when  the  money 
would  be  paid,  and  determirtation  to  proceed  in  equity  and  ejectment  if  not 
paid.)  And  your,  &c.  that  upon  the  receipt  of  the  said  last-mentioned  let- 
ter, the  said  Mr.  E.  applied  to  the  said  Messrs.  M.  and  S.  for  permission 
to  compare  the  abstract  of  the  title  with  the  title-deeds,  and  upon  such 
comparison  it  appeared  that  the  person  who  had  prepared  the  abstract 
had  omitted  the  note  of  registry  to  many  of  the  deeds,  and  that  there  were 
also  several  other  omissions  and  misrecitals  in  the  abstract,  the  correc- 
tion of  which  removed  some  of  the  other  doubts  that  had  arisen  ;  and 
your  Orator  sheweth  that  the  said  Mr.  E.  caused  the  said  amended  ab- 
stract to  be  laid  immediately  before  counsel,  and  although  it  still  appeared 
that  two  or  three  deeds  were  unregistered,  and  that  some  difficulty  and 
expense  would  be  occasioned  in  getting  in  the  outstanding  terms,  and  in 
rectifying  the  errors  that  had  been  made  in  former  as^ignments  of  them, 
yet,  in  order  to  end  the  business  your  Orator  determined  to  accept  the 
title  as  it  stood,  and  to  take  upon  himself  the  expense  of  getting  in  the 
outstanding  terras  ;  and  thereupon  on  the  day  of  the 

said  Mr.  E.  by  the  instruction  of  your  Orator,  wrote  a  letter  to  the  said 
Mr.  F.  in  the  words  and  figures,  or  to  the  purport  and  effect  following, 
that  is  to  say,  "  I  am  happy,"  &c.  (stating  he  was  ready  to  complete  the 
purchase  as  the  title  stood.)  And  your,  Arc.  that  on  the  day  of  the  same 
•month  of  ,  the  said  Mr.  E.  sent  the  draft  of  the  proposed  conveyance 
to  the  said  Mr.  F.  accompanied  with  a  letter  in  the  words  and  figur^s,- 
or  to  the  purport  and  effect  following,  that  is  to  say,  (stating  that  he  serif 
the  draft  of  conveyance,  advised  upon  by  counsel,  instead  of  the  one 


BILLS  FOR  SPECIFIC  PERFORMANCE.  87 

drawn  by  Defendant's  attorney,  requesting  it  to  he  engrossed  immedi- 
ately, and  stating  that  no  delay  is  attributable  to  Plaintili'in  the  comple- 
tion of  the  business.)  And  your,  &c.  that  the  said  Mr.  E.  not  having  re- 
ceived any  answer  to  the  said  last  mentioned  letter,  again  wrote  to  the 
said  JNIr.  F.  in  the  words,  or  to  the  eflect  following,  that  is  to  say,  (K.'s 
title,  &c.)  expressing  Plaintiff's  anxiety  to  complete  the  business.]  And 
your,  &c.  that  on  the         day  of  the  said  Mr.  E.  received  a  let- 

ter from  the  said  A,  B.  the  clerk  of  the  said  I.  F.  in  the  words  or  to 
the  eflect  following,  that  is  to  say,  K.  and  B.  &c.  (stating  that  Defendant 
would  not  complete  the  contract,  on  the  ground  that  the  deposit  was 
not  paid  at  the  time  mentioned  in  the  particulars  of  sale.)  And  your, 
Sec  that  he  hath  since,  by  himself  and  his  agents,  repeatedly  applied  to 
the  said  G.  K.  and  hath  requested  him  specifically  to  perform  the 
agreement  so  made  and  entered  into  by  him  as  aforesaid,  with  the  said 
A.  C,  the  agent  of  your  Orator.  And  3'our  Orator  well  hoped  the  said 
G.  K.  would  have  complied  with  such  your  Orator's  reasonable  requests 
as  in  justice  and  equity  he  ought  to  have  done.  But  now  so  it  is,  &c. 
And  your  Orator  charges,  that  the  said  G.  K.  hath  since  contracted  for 
the  sale  of  the  said  premises  to  the. said  T.  P.  at  an  advanced  price,  and 
hath  actually  conveyed  the  said  premises,  or  entered  into  an  agreement 
to  convey  the  same  to  the  said  T.  P.  or  to  some  ot!ier  person  or  per- 
sons, by  his  order,  or  to  his  use,  or  in  trust  for  him.  And  your  Orator 
charges  that  the  said  T.  P.  at  the  time  he  entered  into  the  said  con- 
tract for  the  purchase  of  the  said  premises,  or  at  the  time  of  the  con- 
veyance thereof  to  him,  if  the  same  have  been  conveyed  to  him,  or  at 
the  time  of  the  payment  of  the  purchase-money  for  the  same,  if  he  hath 
actually  paid  such  purchase-money,  well  knew,  or  had  been  informed, 
or  had  received  some  intimation,  or  had  some  reason  to  believe  or 
suspect,  that  the  said  G.  K.  had  entered  into  such  agreement  as  aforesaid 
with  the  said  A.  B.  or  into  some  agreement  with  your  Orator,  or  with 
some  person  on  his  behalf,  for  the  sale  of  the  said  premises  to  your 
Orator.  And  the  said  T.  P.  or  the  agent  employed  by  him  in  the  said 
purchase  or  contract,  had  at  some  or  one  of  the  times  aforesaid,  some 
knowledge  or  intimation  of  the  severed  circumstances  aforesaid,  respect- 
ing the  said  premises,  which  had  passed  between  your  Orator  and  the 
said  G.  K.  or  their  solicitors.  And  your  Orator  charges  that  the  said 
I.  F.  was  in  tact  the  agent  employed  in  the  contract  or  sale  by  the  said 
G.  K.  to  the  said  T.  P.  as  well  on  the  part  of  the  said  G.  K.  as 
of  the  said  T.  P.  And  your  Orator  further  charges,  that  if  in  fact 
the  said  T.  P.  has  paid  the  purchase-money  for  the  said  premi:jes,  or  any 
part  thereof,  to  the  said  G.  K.  the  said  T.  P.  has  had  or  taken  some 
indemnity  from  the  said  G.  K.  or  some  other  person  in  respect  of  audi 
payment,  or  of  such  purchase.     And  your  Orator  further  charges,  that 


38  BILLS    FOR    SPECIFIC    FLRFORMANCK. 

after  your  Orator,  by  tlie  said  A.  13.  had  entered  into  such  agreement 
with  the  said  G.  K.  as  aforesaid,  and  after  tlie  hay  season  in  this  year, 
your  Orator  %'erbally  agreed  with  the  said  G.  K.  that  the  hay  on  the  farm 
should  be  left  by  the  said  G.  K.  and  taken  by  your  Orator  at  an  ap- 
praisement, but  the  said  G.  K.  hath,  nevertheless,  sold  and  removed  the 
said  hay  from  the  farm,  to  the  great  injury  tliereof ;  and  the  said  G.  K. 
hath,  since  his  said  agreement  with  the  said  A.  B.  plowghed  up  more 
than  sixty  acres  of  land,  which,  according  to  the  usual  course  of  hus- 
bandry, ought  to  have  been  laid  down  with  grass.  And  the  said  G.  K. 
hath  also  since  cut  down  many  timber  and  other  trees  upon  the  said 
premises,  and  hath  committed  and  done  other  waste  and  injury  thereto. 
And  the  said  G.  K.  and  also  the  said  T.  P.  threaten  and  intend  to  cut 
down  other  trees  on  and  from  the  said  premises,  and  to  commit  other 
waste  and  injury  thereto.     All  which  actinj;s,  &c.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
the  said  Defendant  G.  K.  may  specifically  perform  the  said  agree- 
ment so  made  and  entered  into  by  him  as  aforesaid,  with  the  said 
A.  B.  as  the  agent  of  your  Orator,  your  Orator  being  ready  and 
willing,  and  hereby  ofl'ering  specifically  to  perform  the  said  agree- 
ment in  all  things  on  his  part  and  behalf.  And  that  the  said  G.  K. 
may  be  decreed  to  make  compensation  to  your  Orator  for  the  waste 
and  otJier  damage  done  by  him  to  the  said  premises  since  the  mak- 
ing of  the  said  agreement.  And  that  in  the  mean  time  the  said 
Defendants  G.  K.  and  T.  P.  may  be  restrained  by  the  order  and 
injunction  of  this  honorable  Court,  from  cutting  down  any  timber 
or  other  trees  upon  the  said  premises,  or  from  committing  any  other 
waste  thereon.     And  for  further  relief. 

J.L. 

Pray  Svhpocna  and  Injunction 

a<rainst  G.  K.  and  T.  P. 


Bill  for  a  specific  Performance,  Lessee  against  Lessor. 

Humbly,  (fee.  your  Orator  and  Oratrix  M.  G.  of,  &c.  W.  and  I.  J. 
of,  &c.  That  I.  G.  tl)e  late  husband  of  your  Oratrix,  was  for  many 
years  tlie  occupier  of  a  farm  and  lands  at  B.  aforesaid,  wiiich  he  held  by 
lease  under  the  said  P.  B.  at  the  yearly  rent  oi  £  ,  for  a  term  of  years 
which  expired  on  the,  &c.  and  that  the  said  I.  G.  did  some  time  pre- 
vious to  the  expiration  of  the  said  lease,  make  application  for  a  re- 
newal thereof  for  a  further  terra  of  fourteen  years,  to  I.  II.  the  agent  of 


BILLS    VOR    SPECIFIC    PERFORMANCK.  89 

1^.  D.  of,  S.-C.  the  Defendant  hereinafter  named,  who  was  tlic  son  of  the 
lessor  of  tlie  said  premises,  and  was  seised  of,  or  otherwise  well  entitled 
to  the  reversion  therein.  And  your,  &c.  that  the  said  I.  H.  thereupon 
demanded  the  yearly  rent  of  £  for  the  same  farm  and  lands,  for  such 
new  lease.  And  the  said  I.  G.  having  objected  to  such  increased  rent,  it 
was  agreed  between  the  said  I.  H.  and  the  said  I.  G.  that  P.  R.  who 
was  n;smed  by  the  said  I.  G.  should  meet  the  said  I.  H.  and  that  they 
should  together  settle  the  new  rent,  upon  a  view  and  valuation  of  the 
said  farm ;  and  the  said  P.  R.  and  the  said  I.  H.  did  accordingly  meet 
and  settle  the  said  rent  for  such  further  term  of  fourteen  years  at  £ 
per  annum.  And  your,  &c.  that  before  any  further  steps  were  taken  as 
to  the  said  new  lease,  and  on  or  about,  &c.  the  said  I.  G.  departed  this 
life,  and  thereupon  your  Orator,  who  is  the  brother  of  your  Oratrix,  and 
I.  G.  a  son  of  the  said  I.  G.  deceased,  went  together  on  the  said 
to  the  said  I.  H.  and  informed  him  that  your  Oratrix  was  desirous  to 
have  the  new  lease  of  the  said  farm  which  had  been  promised  to  her 
said  late  husband.  And  it  was  then  agreed  between  your  Orator  on  the 
part  of  your  Oratrix,  and  the  said  I.  H.  on  the  part  of  the  said  P.  B. 
that  your  Oratrix  should  have  a  lease  of  the  said  farm  and  lands  for 
fourteen  years  from  the  expiration  of  the  old  lease,  at  the  yearly  rent 
of  ,^  for  the  first  seven  years,  and  at  the  yearly  rent  of  £  for  the 
remainder  of  the  term,  and  that  for  the  security  of  the  said  P.  B.  your 
Orator  should  be  named  as  a  joint  lessee  with  your  Oratrix  in  the  said 
lease,  and  should  execute  the  counterpart  thereof.  And  your,  &c  that 
the  abatement  of  £  a  year  in  the  rent  for  the  first  seven  years,  was 
proposed  by  the  said  I.  II.  himself  in  consideration  of  your  Oratrix's  si- 
tuation ;  and  the  said  I.  H.  as  soon  as  the  agreement  was  concluded, 
made  a  note  in  writing  thereof,  and  signed  the  same  in  the  form  of  a 
fetter  to  ]Mr.  S.  the  attorney  of  the  said  P.  B.  and  as  instructions  for  him 
to  prepare  a  lease  accordingly,  and  delivered  the  said  letter  to  your 
Orator,  who  carried  it  to  the  said  M\\  S.  And  your,  &c.  that  your  Ora- 
trix has,  in  pursuance  of  the  said  agreement,  paid  to  the  said  I.  H.  the 
yearly  rent  of  £         for  the  said  land  and  premises,  from  the  said  ; 

and  your  Oratrix,  upon  the  failh  of  the  said  agreement,  with  the  full 
knowledge  and  approbation  of  the  said  I.  H.  and  of  the  said  P.  B.  hatli 
laid  out  a  very  considerable  sum  of  money  in  the  improvement  of  the 
said  farm  and  lands,  and  the  buildings  thereon.  And  your  Orator  and 
Oratrix  well  hoped,  that  the  said  P.  B.  would  have  granted  your  Orator 
and  Oratrix  a  lease  of  the  said  farm  and  lands,  as  injustice  and  equity, 
&c.  but  now,  &c.  pretends,  that  no  such  agreement  as  aforesaid  was 
ever  made  or  entered  into.  Whereas  your  Oratrix  charges,  that  the  said 
P.  B.  well  knew  of  such  agreement  at  or  immediately  after  the  making 
'hereof,  and  hath  repeatedly  admitted  the  same.     And  in  particnlar  did, 

13 


90  BILLS    BY    NEXT    OF    KL\. 

in  the   month  of  arknowlodjie    such    agreement   in    the   pre- 

sence of  O.  I.  another  broth<  r  of  your  Oratiix,  and  T.  V.  and  pro- 
mised the  said  G.  I.  that  he  would  take  rare  that  your  Oratrix  should 
have  the  lease  accordingly.  And  the  -aid  P,  B.  at  other  times  pretends 
that  such  acrcement  was  not  reduced  into  wiiting,  nor  ^iccned  b\  any 
person  lawfully  auJhorized  on  his  part.  Charge,  that  the  said  I.  li  was 
an  agent  duly  authorized  to  that  cfl'rct  by  the  said  L-vfendant,  avd  that 
such  agreement  was  reduced  into  writing,  and  signwl  a>  aforesaid  by  -he 
said  I.  H.  not  only  in  the  letter  hereinbefore  stated  to  have  been  wiilien 
by  the  said  1.  II.  to  the  said  Mr.  S.  but  aho  in  olhrr  Utters  wiiiteu  by  the 
said  L  II.  to  the  said  P.  U.  Ckargc,  ll'.at  by  reason  of 'he  cirrcn)  tances 
hereinbefore  >tated,  the  said  Defendant  wor.Id  !  e  1  cund  in  equity  to 
perform  the  said  agreenvnt  on  hi-  part,  even  if  llie  same  had  not  been 
reduced  into  writing  and  -ij^ntd  in  manner  hereinbefore  mentioned.  AH 
which,  <l'c.     To  tlie  end,  cVc. 

Pravcr. 

And  that  the  said  Defendant  may  answer  the  premises,  and  that  the 
said  Defendant  may  be  decreed  to  grant  to  your  Oralor  and  Oratrix 
a  lease  of  the  said  iurm  and  lands  pursuaiit  to  the  aforesaid  agree- 
ment, your  Orator  and  Oratiix  being  ready  and  willine-,  and  hereby 
offering  to  e.xecute  a  counterpart  of  such  lease.  And  for  further 
relief. 

J.  L. 
Fray  Subpoena  against  P.  B. 


Sect.  II. — kills  by  next  or  xix. 

Bill  hi}  next  of  Kin    against  Administratrix  for  an  Ac- 
count  of  Intestate's  Personalty. 

Humbly  complaining,  &:c.  your  Orator,  J.  F.  R,  of,  &:c.  That  J.  R. 
late  of,  <l'c.  who  was  the  father  of  your  Orator,  departed  this  life  in- 
testate about  years  since,  leaving  S.  R.  his  widow,  who  hath  since 
inlormarried  with,  aiul  is  now  the  wife  of  P.  of,  t^c.  and  leaving  your 
Oralor  and  T.  R.  of,  See  and  J.  S.  now  the  wife  of  S.  S.  of,  &c.  his 
only  ( hildren  him  surviving,  and  who  wire  all  at  the  time  of  his  death 
of  every  tender  years,  your  Orator,  wIkj  was  the  eldest,  being  of  age  of 
years,  or  tliere.-.bouts.  And  your  Orator  fuillier,  &c.  that  upon  or 
soon  after  the  death  of  the  said  intestate,  the  said  .S.  P.  then  his  widow, 
obtain<xl  letter-  of  admini-itralion  of  ihe  goods,  chattels,  rights,  and  cre- 
dits, and  personal  otiiie  and  <fl(-«  ts  of  ih'-  taid  inte.-.tate,  to  be  granted 
to  her  by  and  oui  ol    the  proper    ecclesiastical  court,    and   by  virtue 


BILLf5    DY    NEXT    OF    KIN.  91 

thereof,  the  said  S.  P.  aiul  the  said  F.  in  her  ri'jht,  have  possessed  ihem- 
s«'lves  of  the  personal  estate  and  efl^'Tts  of  the  said  intestate,  lo  an 
amount  creatly  more  than  suPHcient  to  pay  and  satisfy  his  funeral  ex- 
penses and  JM^t  debts  And  vonr  0:ator  sheweth,  that  he  hath  by  him- 
self and  liis  agents,  appli^^^d  to  the  snid  P.  and  S.  P.  and  hath  requested 
theiT)  to  rome  lo  a  full  and  trne  arconnt  of  the  personal  estate  and 
efft'ct--  of  the  said  intesiate,  poise-sed  by  tlieai  as  aforesaid,  and  to  pay 
to  your  Orator  his  di'-tribntive  share  of  the  clear  residue  thereof,  with 
which  just  and  reasonable  request,  &c.  But  now,  &c.  absolutely  re- 
fuse so  to  do.  Prc'tenre  pe7-s:m(iity  insufficient.  Charges  contranj,  and 
your  Orator  charges,  that  the  said  T.  R.  S  S.  and  J.  his  wife,  refuse 
lo  join  your  Orator  in  this  suit.     To  the  end,  &c. 

Praiier. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
an  account  may  be  taken,  by  and  uiider  the  direction  and  decree  of 
this  honorable  Conrt,  of  ihe  personal  estate  and  effects  of  the  said 
intestate  J.  IT.  possessed  by  or  come  to  the  hands  of  the  Defendants 
P.  a!id  S.  P.  or  eitlier  of  ihera,  or  to  the  hands  of  any  olher  person 
or  persons  by  tlieir,  or  either  of  liieir  order,  or  for  their,  or  either  of 
th'-ir  use.  And  also  an  account  of  the  said  intestate's  funeral  ex- 
penses and  debts.  And  that  the  said  intestate's  personal  estate 
jnav  be  applied  in  a  due  course  of  administration,  and  that  the  clear 
residue  thereof  tnay  be  ascertained,  and  that  your  Orator  may  be 
paid  his  distributive  share  of  such  clear  residue.  And  for  further 
relief. 

J.  L. 


Bill  hu  next  of  Kin  ci'^aimt  Adminisirafor,  fur  a   Distri- 
bution of  latedatph  personal  tlstate. 

Humbly  complaining,  S^c.  B  VV.  of,  &c.  and  E.  his  wife,  that  I.  W. 
late  of,  (fee.  was  at  his  death  possessed  of,  or  well  entitled  to,  a  very 
large  personal  estate,  and  that  the  said  I.  W.  departed  this  life  on  or 
about,  &c.  intestate,  leaving  the  children  of  his  deceased  brothers  W.  W. 
and  B.  W.  and  his  deceased  sister  A.  G.  his  sole  next  of  kin.  And  your, 
&c.  shew,  that  your  Orator  was  one  of  (he  sons  of  the  said  intestate's  de- 
ceased brother  W.  W.  and  that  tl)e  said  W.  W.  had  nine  other  children, 
who  survived  the  said  intestate,  (that  is  to  say)  I.  \V.  and  P.  VV.  of,  &c. 
H.  W.  of,  &c.  &c.  &c.  all  Defendants  hereto.  And  your,  cSjc.  shew  that 
your  Oratrix  was  one  of  the  children  of  the  said  intestate's  brother  B.  W, 


92  BILLS    BY    NEXT    OF    KIN. 

and  that  the  said  B.  W.  had  six  otlicr  children  who  survived  the  said  in- 
testate, (that  is  to  say)  &;c.  &c.  also  Defendants  hereinafter  named.  And 
your,  Ltc.  shew,  that  the  said  intestate's  deceased  sister  had  two  chil- 
dren, who  survived  the  said  intestate's  sister,  &:c.  Sec.  And  your,  Sec. 
that  upon  or  soon  after  the  death  of  the  said  intestate,  the  said  I.  W. 
and  W.  W.  two  of  the  children  of  the  said  intestate's  deceased  brother 
B.  W.  obtained  letters  of  administration.  See.  and  possessed  personal- 
ties, and  have  thereout  paid  the  said  intestate's  funeral  expenses  and 
just  debts,  and  have  now  in  their  hands  a  very  large  surplus  wJiich  is 
distributable  amongst  your  Orator  and  Oratrix,  and  the  said  other  next 
of  kin  of  the  said  intestate.  And  your  Orator  and  Oratrix  have  by 
themselves.  Sec.  repeatedly  applied.  Sec.  and  to  pay  your  Orator  and 
Oratrix  their  respective  parts  or  shares  of  the  said  intestate's  residuary 
estate.  And  your  Orator  and  Oratrix  well  hoped.  Sec.  But  now,  &c. 
absolutely  refuse  so  to  do.  Pretence  ptrsomdty  insvjjicicnt.  Charge 
contrary.  Charge  that  the  said  other  Defendants  severally  refuse  to 
join  your  Orator  and  Oratrix  in  this  suit.  All  which,  Sec.  To  the 
end,  Sec. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
an  account  may  be  taken  of  the  personal  estate  and  eflccts  of  the 
said  intestate,  which  have  been  possessed  or  received  by  the  said 
Defendants  I.  W.  and  W.  W.  or  either  of  them,  or  by  any  other 
person  or  persons  by  their  or  either  pf  their  order,  or  for  their  or 
either  of  their  use.  And  also  an  account  of  the  said  intestate's 
funeral  expenses  and  just  debts.  And  that  the  said  intestate's  per- 
sonal estate  may  be  applied  in  a  due  course  of  administration,  and 
the  clear  residue  thereof  ascertained  and  distributed  amongst  the 
next  of  kin  of  the  said  intestate.  And  that  your  Orator  in  his  own 
right,  and  in  the  right  of  your  Oratrix,  may  be  paid  t^vo  parts  or 
shares  of  such  residue.     And  for  further  relief,  Sec. 

J.  L. 


BiU  by  Jiifunts  against  Admini'stratrix  and  her  Ilushandj 
fur  an  Account    of   Intestate  a    Property — Allowance — 
Guardian — Receiver — Bank  a  Party — and  Injunction  to 
restrain  selling  Stock,     1  itle-dccds  to  be  deposited. 

Humbly  complaining,  shew  unto  your  Lordship,   your  Orators  and 
Oratrix  K.  T.  T.  T.  G.  T.  and  C.  T.  all  infants  under  the  respective 


BILLS    BY    NEXT    OF    KIN.  93 

h^o  of  twenty-one  years,  by  J.  K.  of,  &:c.  their  next  friond,  that  R.  T. 
late  of,  &c.  deceased,  at  his  death  was  seised  or  well  entitled  in  fee- 
simple  of  or  to  a  piiblir.  house  and  ten  messuages  or  tenements  situate 
in  G.  aforesaid,  and  also  of  or  to  certain  lands  and  premises  situate  at 
F.  and  of  or  to  divers  other  real  estates,  and  was  also  at  the  time  of 
his  death  possessed  of  and  well  entitled  to  a  considerable  personal 
estate,  consisting  of  a  sum  of  £  5  per  cent.  Bank  Annuities, 

and  a  sum  of  .^  standing  in  his  name  in  the  books  of  the  Governor 

and  Company  of  the  Eank  of  England,  and  of  debts  due  to  him,  house- 
hold furniture,  stock  in  trade,  and  various  other  particulars  to  a  consider- 
able amount  and  value.  And  your,  &'c.  that  the  said  R.  T.  in  or  about 
last,  departed  this  life  intestate,  leaving  J.  T.  now  C.  his  widow,  and 
your  Orator  R.  T.  his  eldest  son  and  heir  at  law,  and  your  other  Ora- 
tors and  Oratrix,  his  only  other  children,  and  next  of  kin  him  surviving. 
And  your  Orators  and  Oratrix  shew,  that  upon  the  death  of  the  said 
intestate,  his  said  wife  obtained  letters  of  administration  of  the  goods, 
chattels,  rights  and  credits  of  the  said  intestate,  to  be  duly  granted  to 
her,  and  by  virtue  thereof  possessed  the  personal  estate  and  effects  of 
the  said  intestate,  to  an  amount  greatly  more  than  sufficient  to  pay  and 
satisfy  his  funeral  expenses  and  just  debts,  and  her  residuary  share  in 
the  said  property  ;  and  also  entered  into  possession  of  the  real  estate  of 
the  said  intestate,  or  into  the  receipt  of  the  rents  and|  profits  thereof, 
and  got  into  her  custody  or  power  the  title-deeds,  evidences,  and  writ- 
ings belonging  tliereto.  And  your,  &c.  that  the  said  widow  and  adminis- 
tratrix of  the  said  intestate,  hath  lately  intermarried  with,  and  is  now 
the  wife  of  D.  C.  of,  &c.  and  the  said  D,  C.  hath  since  possessed  him- 
self of  the  personal  estate  and  effects  of  the  said  intestate,  to  a  great 
amount,  and  hath  also  entered  into  the  possession  or  receipt  of  the  rents 
and  profits  of  the  said  real  estates  of  the  said  intestate,  and  hath  In  hi* 
custody  or  power  the  title-deeds  and  writings  relating  thereto. 

InquirT/. 

And  whether  he  hath  not  in  his  custody  or  power  some,  and  what 
title-deeds  and  writings  relating  thereto,  or  what  are  become  thereof. 
And  that  the  said  Defendants  D.  C.  and  J.  his  wife,  may  set  forth  a  list 
or  schedule  of  all  deeds,  instruments,  and  writings,  in  any  manner  relating 
to  the  real  estates  of  the  said  intestate,  which  now  are,  or  at  any  time 
since  the  death  of  the  said  intestate,  have  been  in  their  or  either  of  their 
custody  or  power.  And  may  set  forth  what  hath  become  of  such 
thereof,  if  any,  as  are  not  now  in  their  custody  or  power.  And  your, 
&c.  that  your  Orators  and  Oratrix  have,  by  themselves  and  their 
agents,  made  frecjuent  applications  to  the  said  Defendants  to  come 
to  an  account  with  your  Orators  and  Oratrix  for  the  personal  estate  and 


94  BILLS    BY    NEXT    OF    KIN. 

effects  of  the  said  intestntc  respfrtivelv  rcreivrd  by  tliom  ;  and  your  Orator 
R.  T.  hath  in  like  manner  applied  to  tlieni  to  romp  to  an  arcosint  for 
the  rents  and  piollts  of  the  real  estates  of  (iie  said  into.- (ate.  with  which 
jiisl  and  reasonable  requests  your  Orators  and  Oratrix  well  l!op«'d.  tic. 
But  now,  &-C.  that  the  said  D.  C.  and  J.  his  wife  combining  and  con- 
federating^, to  and  willi  the  Governor  and  Company  of  the  Park  of  Eng- 
land, and  to  and  with  divers,  cVc.  absolutely  refu:^e  so  to  do,  prclendinc; 
that  the  per-onal  estate  and  effects  of  lliesaid  intestate  R.  T.  were  small 
and  inconsiderable,  and  not  more  tiian  sufiicient  to  pay  and  sati-^fy  his 
funeral  expenses  and'just  debts,  and  that  the  whole  of  such  pen^onal  esiate 
has  been  ap|)lied  in  a  due  course  of  administration.  Chari-e  ( nntrary, 
and  so  it  would  appear  if  the  said  Defendants  would  set  forth,  as  they 
ought  to  do,  a  full  and  trne  account  of  all  and  every  the  personal  e.^iate 
and  effects  of  the  said  intestate,  and  of  their  application  thereof.  And 
the  said  Defendants  ought  also  to  set  forth  a  full  and  tru<>  accour.t  of  the 
rents  and  profits  of  the  said  intestate's  real  estates,  which  have  been 
possessed  or  received  by  them,  or  either  of  them,  or  by  their,  or  either 
of  their  order,  or  to  their,  or  either  of  their  use.  Charge  that  some  pro- 
per person  or  persons  ought  to  be  appointed  by  this  honorable  Court,  as 
the  guardian  and  guardians  of  your  Orator  and  Oratrix,  with  suitable  al- 
lowance for  their  maintenance  and  education,  and  that  some  proper  per- 
son ought  also  to  be  appointed,  to  receive  the  rents  and  profits  of  the 
real  estates  of  the  said  intestate,  and  that  the  title  deeds,  eviden -es  and 
writings  relating  thereto,  ought  to  be  brought  into  this  honorable  Court, 
for  the  benefit  of  your  Orator  R.  T.  Charge,  that  the  said  D  C  and 
J.  his  wife  threaten  and  intend  to  sell  and  transfer  the  aforesaid  sums 
oi  £  5  per  cent.  Bank  Annuities,  and  £  ,  and  to  apply 

the  produce  thereof  to  their  own  use.  And  the  Governor  and  C'om- 
pany  of  the  IVank  of  England  mean  to  permit  the  said  Defendants  to 
make  such  transfer.     All  w  liich,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that  an 
account  may  be  taken  of  the  personal  estate  and  eflects  of  the  said 
intestate  H.  T.  which  have  been  received  or  possessed  by  the  said 
Defendants  D.  C  and  J.  C.  or  by  any  otiicr  persons  or  person,  by 
their  f)r  either  of  their  order,  or  to  their,  or  either  of  their  use ; 
and  also  an  account  of  the  sairl  intestate's  funeral  expenses  and  just 
debts,  and  that  the  said  intestate's  personal  estate  may  be  aj)])lied 
in  the  payment  of  his  funeral  expenses  and  just  debts,  in  a  due 
course  of  administration  ;  and  that  the  clear  residue  thereof  may 
be  ascertained,  and  the  shares  of  your  Orators  and  Oratrix  therein 


BILLS    BY    NEXT    OF    KIN.  95 

iaid  out  and  socured,  in  and  by  this  honorable  Court,  for  their  be- 
nefit. And  that  an  account  may  also  be  taken  of  the  rents  and 
profits  of  the  said  intestate's  real  estates,  which  have  been  received 
by  the  said  FJefendants,  or  either  of  them,  or  by  any  other  person  or 
persons,  by  their,  or  either  of  their  order,  or  to  their,  or  either  of 
their  use;  and  that  what  shall  be  found  due  upon  such  account, 
may,  in  like  manner,  be  paid  to  and  secured  by  this  honorable  Court, 
for  the  benefit  of  your  Orator  R.  T.  And  that  some  proper  per- 
son or  persons  may  be  appointed  the  guardian  or  guardians  of  your 
Orators  and  Oratrix,  with  suitable  allowance  for  their  maintenance 
and  education.  And  that  some  proper  person  may  also  be  ap- 
pointed by  this  honorable  Court,  to  receive  the  rents  and  profits  of 
the  said  real  estates  of  the  said  intestate.  And  that  the  said  De- 
fendants D.  C.  and  J.  his  wife,  may  be  directed  to  deposit  all  the 
title-deeds,  evidences  and  writings  relating  to  the  said  real  estates,  in 
the  hands  of  one  of  the  masters  of  this  honorable  Court,  and  that 
in  the  mean  time  the  said  Defendants  D.  C.  and  J.  C.  may  be  re- 
strained by  the  injunction  of  this  honorable  Court  from  selling  or 
transferring  the  said  sums  of  <£  5  per  cent.  Bank  Annuities, 

and  £  And  that  the  said  Governor  and   Company  of  the 

Bank  of  England,  may  in  Uke  manner  be  restrained  from  permitting 
sucii  sale  or  transfer,  and  for  further  relief,  &c. 

J.  L. 

OBSERVATION. 

As  soon  as  this  bill  i •■,  filed,  the  Bank  of  England  should  be  served  with 
a  subpoena  with  notice,  that  the  object  of  the  suit  is  to  restrain  the  tranfer 
of  the  two  sums  of  stock  standing  in  the  name  of  the  intestate. 


Bill  by  next  of  Kin  for  Distributive  Share  against  an 
Administrairix,  and  for  an  Injunction  to  prevent  the 
Tranfer  of  Stock,  under  a  Suggestion  that  she  meant 
to  leave  the  Country. 

Ilimibly  complaining,  shew  unto  your  Lordship,  your  Orator  and  Ora- 
trix, S.  M.  of,  &c.  C.  M.  W.  and  A.  L.  VV.  late  A.  M.  that  A.  M.  late 
of,  &c.  gentleman,  was,  in  his  life-time,  and  at  the  time  of  his  death,  pos- 
sessed of  and  well  entitled  to  a  considerable  personal  estate,  consisting  of 
monies  in  the  funds,  debts  due  to  him,  household  goods,  plate,  linen, 
china,  wearing  apparel,  and  divers  other  effects,' of  a  considerable  amount 
and  value,  and  particularly  was  possessed  of  a  sum  of  £  Bank 

3  per  cent.    Annuities,  standing  in  his  name  ai  his  death,  in  the  books 


96  BILLS    BY    Ni:Xl    OF    KIN". 

of  the  Governor  and  Company  ot'tlie  Bank  of  England.  i\ncl  your;  iVt. 
That  the  said  A.  M.  in  and  about  the  inontli  of  ,  de- 

parted this  life  intestate,  anil  without  issue,  leavinp;  F.  I\I.  his  wife,  and 
one  of  the  Defendants,  and  your  Orator  his  brother,  and  your  Oratrixes 
his  sisters,  and  only  next  of  kin  of  hhn  surviving.  And  your,  &c.  That 
since  the  death  of  the  said  intectaie,  the  said  F.  M.  his  wife,  hath  ob- 
tained letters  of  aihninistration  of  the  goods,  chattels,  rights,  and  credits, 
and  personal  estate  and  effects  of  the  said  intestate,  to  be  granted  to  him 
by  and  out  of  the  proper  ecclesiastical  court,  and  hath,  by  virtue  thereof, 
possessed  herself  of  the  personal  estate  and  effects  of  the  said  intestate,  to 
a  largo  amount  and  value,  and  gre.tly  more  than  sufllcient  to  pay  and  sa- 
tisfy his  just  d'.^bts  and  f^uieral  expenses,  excluj^ivo  of  the  said  sum  of 
£  stock.   And  your,  &c.  That  being  entitled,  as  the  brothers  and 

sisters  of  the  said  intestate,  to  a  distributive  share  of  ids  personal  estate, 
your  Orator  and  Oratrix  have,  by  themselves  and  their  agents,  applied 
to  the  said  F.  >L  and  requested  her  to  come  to  a  full  and  true  account 
with  your  Orator  and  Oratrix,  for  the  personal  estate  and  effects  of  the 
said  intestate,  and  to  pay  them  respectively  one  third  part  each  of  one 
moiety  of  the  clear  residue  thereof,  with  which  just  and  reasonable  re- 
quests your  Orator  and  Oratrixes  well  ho[)ed  the  said  F.  JM.  would  have 
•complied.  Rut  now  so,  &c.  And  the  said  Defendant  pretends,  that  the 
personal  estate  and  effects  of  the  said  A.  i\L  were  small  and  inconside- 
rable, and  not  more  than  sufiicient  to  pay  and  satisfy  his  debts  and  fune- 
ral exjXMises,  and  that  she  hatii  afiplied  all  such  [)Crsonal  estate  and  ef- 
fects in  a  due  course  of  admini.-tralion.  Whereas  your  Orator  and  Ora- 
trixes charge  tiie  contrary  thereof  to  be  the  truth,  and  so  it  would  appear, 
if  the  said  Defendants  would  set  forth,  as  they  ought  to  do,  a  full  and  true 
account  of  all  and  every  the  personal  estate  and  effects  of  the-  said  in- 
testate which  have  been  possessed  or  received  by  the  said  Defendant,  or 
by  her  or  their  order,  or  to  her  use,  and  of  her  a})plications  thereof.  And 
your,  SzQ..  That  the  said  F.  M.  hath  declared  to  several  persons  that  she 
means  to  obtain  a  transfer  of  the  said  sum  of  £  Bank  3  per  cent. 

Annuities,  and  to  sell  and  dispose  oftlie  same,  and  to  withdraw  herself  to 
America  with  the  produce  thereof.  And  the  said  Defendants,  the  Oo- 
vernor  and  Company  of  the  Dank  of  England,  intend  to  permit  her  to 
make  such  transfer.  All  which,  lS:c.  And  diat  the  said  Defendants  may 
answer  the  premises. 

Prayer. 

yVnd  that  an  account  may  be  taken  by  and  under  the  direction  of 
this  honoralile  Court  of  the  personal  estate  and  ellects  of  the  said 
intestate,  A.  IM.  possessed  by  or  come  to  the  hands  of  the  Defen- 
dant, V.  -M.  Ids  wife  and  aun)ini^tratiix,or  to  the  hands  of  any  other 


BILLS    RY  NEXT  OF  KIN.  97 

person  or  persons  by  her  order,  or  for  lier  use  ;  and  also  an  account 
of  the  said  intestate's  debts  and  funeral  expenses,  and  that  the  said 
intestate's  personal  estate  may  be  applied  in  a  due  course  of  admi- 
nistration ;  and  tliat  the  clear  residue  thereof  may  be  ascertained  ; 
and  that  your  Orator  and  Oratrixes  may  be  paid  one-third  part 
each  of  one  moiety  of  such  clear  residue  5  and  that  in  the  mean 
time,  the  said  Defendant,  F.  M.  may  be  restrained  by  the  injunction 
of  this  honorable  Court,  from  selling  or  disposing,  or  transferring 
of  the  said  sum  o(  £  3  per  cent.   Bank   Annuities;  and 

that  the  said  Governor  and  Company  of  the  Bank  of  England  may 
be  restrained  from  permitting  such  sale  or  transfer.  And  that 
your  Orator  and  Oratrixes  may  have  such  further  and  other  relief,  &c, 

J.L. 

Pray    Suhpana     and    Injunction 

against  F.  M.  and  the  Governor 
and  Company  of  the  Bank  of 
Ensland. 


Bill  by  One  of  the  next  of  Kin  against  cm  Admijiisfrator^ 
for  an  Account  of  Intcstate^s  Estate  and  Disinbution. 
Pretence  that  Plaititiff^s  Share  was  expended  in  his 
Education  and  Maintenance, 

That  W.  P.  heretofore,  of,  frc.  Plaintiff's  late  father,  decreased,  was,  in 
his  life-time,  and  at  the  lime  of  his  death,  possessed  of,  interested  in,  and 
well  entitled  unto  a  considerable  personal  estate,  consisting  of  household 
goods,  plate,  linen,  china,  wearing  apparel,  and  other  stock  on  his 
farm,  stacks  of  hay  and  corn,  divers  articles,  implements  and  utensils  of 
husbandry,  ready  money,  monies  out  at  interest  upon  bonds,  mort- 
gages and  other  securities,  and  divers  other  goods  and  effects  to  a  large 
amount  and  value,  and  greatly  more  than  sut^icient  to  satisfy  and  pay  all 
his  just  debts  and  funeral  expenses,  and  being  so  possessed,  interested  in, 
and  entitled  to,  he  the  said  W.  P.  did  in  or  about,  &c.  depart  this  life 
intestate  and  a  widower,  leaving  T.  P.,  W.  P.,  E.  P.,  M.  P.,  and 
S.  P.,  Defendants,  hereinafter  named,  and  Plaintiff,  his  six  children  only, 
next  of  kin,  him  surviving. 

That  sotfte  time  after  the  death  of  said  intestate,  the  said  W.  P.,  his 
son  obtained  letters  of  administration  of  his  goods  and  chattels,  rights 
and  credits  to  be  granted  to  him  by  and  out  of  the  proper  Ecclesiastical 
Court,  and  did  by  virtue  thereof  possess  himself  of  his  personal  estate, 
which  were  of  the  said  intestate  at  the  time  of  his  death,  to  a  large  amount 
•in  value,  and  more  than  sufficient  to  satisfy  and  pay  all  In?  jnst  debts  and 

H 


90  BILLS  BY  NEXT  OF  Kl.N. 

funeral  expenses,  with  a  large  surjikis  or  residue,  wliicli  residue  became 
distributable  in  equal  shares  and  proportions  between  and  amongst  Plain- 
tirt'and  the  said  other  children  of  the  said  intestate,  according  to  the  sta- 
tute made  respecting  the  distribution  of  intestate's  personal  estate,  and 
IMaintifr,  as  one  of  sutli  children,  became  entitled  to  one-sixth  part  or 
share  of  the  said  intestate's  personal  estate  and  effects. 

That  Plaintiff  being  so  entitled  as  aforesaid,  hath  applied,  cVc.  to  his 
said  brother,  the  said  W,  P.  and  re(|uested  him  to  come  to  an  account 
with  Plaintiff  for  the  personal  estate  and  effects  of  tlieir  said  father,  de- 
ceased and  to  pay  to  Plaintiff  his  sixth  part  or  share  of  tlie  clear  residue 
thereof.     And  Plaintiff  well  hoped,  Ac. 

Pretend,  personalty,  insufficient  for  payment  of  debts,  &c. 

Charge  contrary ;  and  that  the  said  personal  estate  and  effects  was 
more  than  sutlicient  to  satisfy  and  pay  all  his  funeral  expenses  and  just 
debts,  with  a  large  overplus,  and  which  Defendant  W.  P.  will  at  times 
admit ;  but,  iSjo. 

Pretends  that  Plaintiff  having  lived  with  him  fur  many  years  after  the 
death  of  the  said  intestate,  he  the  said  Defendant  hath  expended  a  con- 
siderable sum  or  sums  of  money  on  the  maintenance  and  education  of 
Plaintiff,  and  which  he  insists  he  ought  to  be  allowed  to  set  off  against 
Plaintiff's  said  claim,  and  letain  out  of  Plaintiff's  said  distributive  share 
of  the  said  Testator's  personal  estate. 

Charge,  that  by  reason  of  the  will  hereinafter  mentioned  of  her  late 
aunt  M.  P.  the  Defendant  is  not  entitled  to  have  any  sum  or  sums  ex- 
pended on  the  maintenance  and  education  of  Plaintiff  allowed  to  him  out 
of  Plaintiff's  said  distributive  share  of  the  said  intestate's  personal  estate. 

Charge,  that  M.  P.  late  of,  <S:c.  s]Mnster,  deceased,  by  her  last  will  and 
testament,  in  writing,  bearing  date,  «?cc.  amongst  other  things,  gave  and 
bequeathed,  &c.  (all  her  effects  to  W.  P.  and  S.  P.  to  be  equally  divided 
between  them,  and  the  other  nephews  and  nieces,  and  they  were  to  main- 
lain  Plaintiff  until  twenty-one  or  otherwise  lose  their  share  and  pro|)orlion.) 

Charge  That  soon  after  the  inaking  and  publishing  her  said  will,  said 
'I'estatrix  departed  this  life,  possessed  of  a  considerable  personal  estate, 
and  particularly  of  such  goods  and  effects  as  in  her  will  mentioned,  and 
leaving  Plaintiff  and  the  said  Defendants,  her  ncpliews  an<l  nieces,  her  sur- 
viving; and  the  said  Defendant  S.  P.  hath  duly  [)roved.  .Vc.  and  hath,  by 
virtue  thereof,  possessed  herself  of  the  said  Testatrix's  i)ersonal  estate  and 
effects,  and  together  with  the  other  Defendants  have  taken  possession  of 
several  goods  and  effects  so  bequeathed  to  them  by  the  said  will,  and  have 
retained  and  applied  the  same  to  their  own  use  amongst  themselves  as 
hereinbefore  is  stated,  and  Plainliff  is  thereby  advised,  and  hereby  insists 
that  by  reason  of  the  said  condition,  contained  in  the  said  will,  the 
said   \V.  P.  ought   not  to  be  allowed  any  charge  against  Plaintiff  for  his 


BILLS  BY  PJEXT  OF  KIN.  99 

maiiilenancc  and  education,  iuasmncb  as  tlie  said  W.  P.  liath  already 
received  a  full  satisfaction  for  the  same  in  manner  aforesaid,  and  which 
lie  will  at  times  admit  ;  but  then,  &c. 

Pretends  and  sets  up  some  otiier  claims  against  Plaintiff,  and  refuses 
to  discover  the  particulars  thereof  j  and  the  said  Defendant  W.  P.  &c. 
severally  refuse  to  join  with  Plaintiff  in  this  suit,  under  a  pretence  that 
they  or  some  of  them  have  been  fully  paid  and  satisfied  their  shares  of 
the  said  intestate's  estate  and  effects,  but  how  and  in  what  manner  they 
have  been  paid  and  satisfied  the  same,  they  severally  refuse  to  discover. 
All  which,  &c. 

Prayer. 

And  that  an  account  may  be  taken  under  the  directions  of  this  honor- 
able Court  of  the  personal  estate  and  effects  of  the  said  intestate 
W.  P.  the  father,  possessed  by  or  come  to  the  hands  of  the  said  De- 
fendant W.  P.  or  any  other  person  or  persons,  by  his  order  or  for 
liis  use ;  and  that  an  account  may  be  also  taken  of  the  said  debts 
and  funeral  expenses  of  the  said  intestate  W.  P.,  and  that  the  per- 
sonal estate  of  the  said  intestate  may  be  applied  in  a  due  course 
of  administration,  and  that  the  clear  residue  thereof  may  be  ascertain- 
ed, and  that  one-?ixth  part  or  share  of  such  clear  residue  may  be 
paid  by  the  ^'.M  Dc!>ndant  W.  P.  to  Plaintiff.  And  for  further 
i-elief. 


100 


SECT.    HI. — BILLS    FOK    AND    AGAINST    EXKCUTOIIS. 


In  the  Exchequer. 

BUI  by  Husband   of  Legatees   against   an  Executor  for 
Payment  of  Legacy. 

Humbly  complaining,  sheuelh  unto  yonr  Honors,  jour  Orators,  Sec. 
that  ^^^  S.  late  of  ,  duly  made  and  published  liis  last  'a  ill  and  testa- 

ment in  writing,  bearing  date  on  or  about  tlio  and  thereby,  amongst 

other  bequests,  gave  to  his  nephews  and  nieo^s,  the  children  of  his  late  sis' 
ter  M.  A.  the  sura  of  £  each,  to  be  paid  to  them  as  they  should  respcc- 
livelj'  attain  the  age  of  twenty-one  years,  and  appointed  E.  T.  F.  of  , 
the  Defendant  h^'reinalter  named,  the  sole  Executor  of  his  sa!d  will,  as  in 
and  by,  &c.  And  your  Oratqr  further  sheweth  unto  your  Honors,  that 
the  said  E.  T.  F.  soon  after  the  death  of  the  said  Testator,  duly  proved 
the  said  will  in  the  proper  Ecclesiastical  Court,  and  hath  since  possessed 
himself  of  the  personal  estate  and  effects  of  the  said  Testator,  to  an  amount 
much  more  than  sufficient  for  the  payment  of  his  just  del)ts,  funeral 
expenses,  and  legacies.  And  your  Orator,  &c,  that  after  the  death  of  the 
said  Testator,  your  Orator  intermarried  with  A.  A.  who  was  the  niece  of 
the  said  Testator,  and  one  of  the  children  of  the  said  M.  A.  the  sister  of 
the  said  Testator,  in  the  said  will  named,  and  by  virtue  of  such  inter- 
inarriage,  your  Orator,  in  right  of  his  said  wife,  became  entitled  to  demand 
and  receive  the  aforesaid  bequest  of  £  •  And  your  Orator,  dec.  that 
your  Orator's  sai»l  wife  lived  to  attain  her  age  of  twenty-one  years,  and 
that  she  Iiath  lately  departed  this  life,  and  that  neither  your  Orator  nor 
his  said  wife  received  any  part  of  the  said  legacy ;  and  your  Orator 
sheweth,  that  having  obtained  letters  of  administration  to  his  said  wife,  he 
hath  repeatedly  applied  to  the  said  E.  T.  F.  for  payment  of  the  said 
legacy,  and  interest  thereon,  from  the  tinie  of  his  said  late  wife  attaining 
her  age  of  twenty-one  years,  and  your  Orator  well  hoped  tiiat  such  your 
Orator's  reasonable  requests  would  have  been  complied  with,  as  in  justice 
and  equity  they  ought  to  have  been.  But  now  so  it  is,  «Src.  tlie  said  De- 
fendant refuses  so  to  do,  iScc.     To  the  end  therefore,  c^.  c. 

Prayer. 

And  that  an  account  may  be  taken  of  what  is  due  ajid  owing  to  your 
Orator  for  the  principal  and  interest  of  the  said  legacy,  and  that  the 
said  Defendant  may  be  decreed  to  pay  the  same  to  your  Orator; 
and  if  the  said  Defendant  shiiiliiot  adniit  assets  of  the  said  Testator 


BILLS    FOR    AND    AGAINST    LXECUTORS.  101 

sufTieient  to  nnswer  the  same,  then  tl.at  an  account  may  be  taken  of 
the  estate  and  effects  of  the  said  Testator  which  have  been  possessed 
or  received  by  the  said  Defendant,  or  by  any  other  person  by  his 
order  or  to  his  use,  and  that  tlie  same  may  be  applied  in  a  due 
course  of  administration.     And  for  further  relief,  &r, 

J.  L. 

OnSERVATlON. 

A  husband  may,  if  he  thinks  fit,  give  to  his  wife  a  disposing  power 
over  any  property,  and  that  it  may  therefore  turn  out  in  this  case  that  the 
rUiintiff  has  no  interest  in  this  legacy,  but  at  all  events  he  has  no  right  of 
suit  without  taking  out  administration  to  his  wife,  but  it  will  be  sufficient 
to  sustain  this  bill  if  he  obtain  letters  of  administration  any  time  before 
the  hearing,  and  it  will  not  be  advisable  to  put  himself  to  that  expense 
until  the  Defendant  has  put  in  his  answer,  so  that  it  may  be  seen 
whether  it  is  worth  his  while  to  prosecute  the  suit. 


Bill  by  Executor  to  establish  Will,   and  carry  the   Trusts 
into  Execution. 

Humbly  com^olaining,  sheweth  unto  your  Lordship  your  Orator,  C.  R. 
of  ,  Executor  of  the  will  and  codicils  of  M.  S.  late  of  ,  deceas- 

ed, and  also  a  Trustee,  Devisee,  and  Legatee  named  in  the  said  will  and 
eodicils,  and  the  said  M.  S.  at  the  several  times  of  making  her  will  and 
codicils  hereinafter  mentioned,  and  atthe  time  of  her  death,  was  seised  or 
entitled  in  fee-simpleof  or  to  divers  messuages,  lands,  tenements,  and  here- 
ditaments of  considerable  yearly  value,  in  the  several  counties  of  C.  and  D. 
and  being  so  seised  or  entitled,  and  also  possessed  of  considerable  per- 
sonal estate,  the  said  M.  S.  on  or  about  the  day  of  made  her 
last  will  and  testament  in  writing  of  that  date,  and  which  was  duly  signed 
and  published  by  her,  and  attested  in  such  manner  as  by  law  is  required 
for  devising  real  estates  ;  and  thereby  after  giving  divers  pecuniary  and 
specific  legacies,  and  divers  annuities,  the  said  Testatrix  gave  and  devised 
unto  your  Orator  all,  &c.  (state  substance  of  the  will)  ;  and  the  said  Tes- 
tatrix afterwards,  on  the  day  of  made  a  codicil  to  her  said  will 
of  that  date,  which  was  du-ly  signed  and  published  by  her,  and  attested  as 
by  law  is  required  for  devising  real  estates.  And  thereby,  after  giving,  &c. 
and  in  all  other  respects  she  thereby  confirmed  her  said  will,  and  all  other 
codicils  by  her  theretofore  made,  as  by  the  said  will  and  the  said  several 
codicils  thereto,  and  the  probate  thereof,  to  which  your  Orator  craves 
leave  to  refer,  when  produced  will  appear;  and  your  Orator  further 
sheweth  unto  your  Lordship,  that  the  said  Testatrix  M.  S.  departed  this 


102  BILLS    FOK    AND    AGAINST    EXECUTORS". 

lil'e  on  or  about  tlie  day  of  without  having  revoked  or  altered  her 
said  will  and  codicils,  save  as  such  will  is  revoked  or  altered  by  the  said 
codicils,  and  as  some  of  the  said  codicils  have  been  revoked  or  altered  by 
some  or  one  of  such  subsequent  codicils;  and  the  said  Testatrix  at  her 
death  left  the  said  E.  G.  formerly  E.  S.  and  the  said  B.  S.  her  cousins 
and  co-heiresses  at  law,  and  your  Orator  being  by  the  said  codicil  of 
the  appointed  sole  Executor  of  the  said  Testatrix's  will  and 

codicils,  hath  since  her  death  dnly  proved  the  said  will  and  codicils  in  the 
proper  Ecclesiastical  Court,  and  taken  upon  himself  the  execution  thereof; 
and  your  Orator  further  sheweth  unto  your  Lordship,  that  the  said  Testa- 
trix at  the  time  of  her  death,  was  possessed  of,  interested  in,  and  entitled 
unto  a  considerable  personal  estate  and  effects,  and  (amonst  other 
things)  she  was  entitled  to  an  eighth  share  and  interest  in  a  certain  copart- 
nership trade  or  business  of  a  tin-blower  and  tin-melter,  which  was  car- 
ried on  Jjy  the  said  Testatrix  and  certain  other  persons,  at  in  C. 
aforesaid,  in  the  firm  of  S.  F.  and  Co,  in  which  the  said  Testatrix  had 
some  share  of  the  capital,  and  which  was  a  profitable  business,  and  by 
the  articles  of  copartnership  under  which  the  said  business  was  carried 
on,  your  Orator,  as  the  said  Testatrix's  personal  representative,  is  now 
entitled  to  be  concerned  in  such  share  of  the  said  business,  for  the  benefit 
of  the  said  Testatrix's  estate ;  and  she  was  also  possessed  of  or  entitled 
to  certain  leasehold  estates  held  by  her  for  the  remainder  of  certain  long 
terms  of  years,  determinable  on  lives,  and  your  Orator  further  sheweth, 
that  he  hath  possessed  himself  of  some  parts  of  the  said  Testatrix's  per- 
fonal  estate,  and  hath  discharged  her  funeral  expenses  and  some  of  her 
vlebts  and  legacies;  and  your  Orator  halh  also,  so  far  as  he  hath  been 
al)le,  entered  into  possession  of  the  said  Testatrix's  estates,  which  she 
was  seised  of  or  entitled  to  at  the  times  when  she  made  her  said  will  and 
codicils,  and  which  consisted  of,  &c.  being  all  together  of  the  yearly  va- 
lue of  £  or  thereabouts,  besides  the  said  mansion  house,  and  besides 
the  premises,  wliicli  by  the  said  codicil,  dated  the  day  of  are  de- 
vised to  lyour  Orator  for  his  own  use  and  benefit;  and  your  Orator  is 
desirous  of  applying  the  said  Testatrix's  personal  estate  and  efl'ects  (not 
specifically  bequeathed)  in  payment  of  the  said  Testatrix's  funeral  expen- 
ses and  debts,  and  of  her  legacies  and  annuities  boqucatiied  by  the  said 
will  and  codicils,  and  of  paying  the  remainder  thereof  out  of  the  rents  and 
profits  of  the  said  real  estates,  and  of  applying  the  whole  of  the  said  rents 
and  profits  according  to  the  directions  of  the  said  will  and  codicils,  as  in 
justice  and  equity  ought  to  be  the  case.  Cut  now  so  it  is.  Sec.  in  concert 
with  each  other,  make  various  olijections  to  your  Orator's  applying  the 
said  personal  estate  and  the  rents  and  profits  of  the  said  real  estate, 
according  to  the  directions  of  the  said  will  and  codicils ;  and  the  said 
J.  G.  and  E.  his  wife,  and  B.  S.  sometimes  alleged  that  neither  the 
said  will  nor  any  of  the  said  codicils  were  duly  executed  and  attested,  so 


BILLS  FOR  AND  AGAINST  EXECUTOR^.       103 

as  to  pass  real  estates,  and  that  the  said  Testatrix  was  not  of  s6iuid  and 
disposing  mind,  memory,  and  understanding,  at  the  several  and  respec- 
tive times  when  she  executed  the  said  will  and  codicils  ;  whereas  your 
Orator  charges  the  contrary  of  such  pretences  to  be  true,  and  that  the 
said  Testatrix's  real  estates  were  well  devised  by  the  said  will  and  codicils 
in  manner  hereinbefore  stated ;  and  the  said  Defendants  J.  G.  and  E.  his 
wife,  sometimes  pretend,  that  by  virtue  of  the  said  Testatrix's  will  they  are 
entitled  to  the  residue  of  the  said  Testatrix's  personal  estate,  not  specifi- 
cally beqneathec',  including  all  her  leasehold  estates,  afterpayment  of  all 
her  funeral  expenses  and  debts,  and  that  the  said  personal  estate  is  not 
subject  to  the  payment  of  the  several  legacies  and  annuities  given  by  the 
said  Testatrix's  said  will  and  codicils,  but  is  exempt  therefrom,  and  tliat  all 
the  said  legacies  and  annuities  ought  to  be  paid  out  of  the  rents  and  profits 
of  the  said  Testatrix's  real  estates,  whereas  your  Orator  charges  the  con- 
trary of  such  pretences  to  be  true,  and  that  the  said  personal  estate  is 
applicable  to  the  payment  of  all  the  said  Testatrix's  legacies  and  annuities, 
after  satisfying  all  her  funeral  expenses  and  debts  ;  and  the  said  J.  G.  and 
E.  his  wife  are  desirous  that  your  Orator,  as  tlie  personal  representative 
of  the  said  Testatrix,  should,  by  means  of  the  said  Testatrix's  share  of 
the  capital  employed  in  the  said  trade  or  business,  carry  on  the  said  trade 
or  business  for  the  benefit  of  them  and  of  the  said  Testatrix's  estate,  but 
wliich  your  Orator  cannot  safely  do  without  the  direction  and  indemnity 
of  this  Court ;  and  the  said  J.  G.  alleges,  that  lie  is  not  of  ability  to 
maintain  and  educate  his  said  son  J.  S.  G.,  who  as  tenant  in  tail  of  the 
said  devised  estates,  subject  to  the  said  term  of  100  years,  and  is  an  infant 
of  the  age  often  years  or  thereabouts,  and  he  therefore  claims  to  have 
some  part  of  the  rents  and  profits  of  the  said  premises  paid  to  him,  for 
the  maintenance  and  education  of  the  said  J.  S.  G. ;  and  your  Orator, 
under  the  circumstances  as  aforesaid,  is  unable  to  administer  the  said  per- 
sonal estate,  and  to  execute  the  trusts  of  the  said  real  estates,  without  the 
directions  of  this  honorable  Court,  and  the  Defendants  are  desirous  of 
having  a  person  appointeil  by  this  Court  to  receive  the  rents  and  ])ioritsof 
the  said  real  estates,  devised  as  aforesaid  by  the  said  fifth  codicil,  to  which 
your  Orator  has  no  objection.     In  consideration,  &c.  to  the  end.  Sec. 

Pniyer. 

That  the  said  will  and  codicils  may  be  established,  and  that  the 
trusts  thereof  may  be  performed  and  carried  into  execution,  by 
and  under  the  direction  of  this  Court,  and  that  an  account  may 
be  taken  of  the  said  Testatrix's  personal  estate  and  elfects,  not 
specifically  bequeathed,  and  of  her  funeral  expenses  and  debts,  and 
of  the  legacies  and  annuities  bcqueatiied  by  the  said  will  and  codi- 
cilsj  your  Orator  being  ready,   and  hereby  oliering  to  account  for 


104'  BILLS  rOR  ANU  AGALNST  EXECUTORS. 

.ill  sucli  parts  of  the  said  personal  estate  as  have  been  possessed  by 
jiini,  and  that  tlie  said  personal  estate  may  be  applied  in  payment 
o{  the  said  funeral  expenses,  debts,  legacies,  and  annuities,  in  a 
due  course  of  administration,  and  that  the  clear  residue  (if  any) 
of  the  said  personal  estate  may  be  ascertained  and  paid  to  the  said 
Defendants,  J.  G.  and  E.  his  wife ;  in  her  right,  and  in  case  it  shall 
appear  that  the  said  personal  estate,  not  specifically  bequeathed, 
is  not  sufficient  for  payment  of  all  the  said  funeral  expenses,  debts, 
legacies,  and  annuities,  or  that  any  parts  thereof  are  not  payable 
out  of  such  personal  estate,  then  that  proper  directions  may  be  given 
for  payment  of  such  deficiency,  or  of  such  parts  thereof  as  are  not 
payable  out  of  the  said  personal  estate,  according  to  the  trusts  of 
the  said  term  of  100  years,  vested  in  your  Orator  as  aforesaid,  and 
that  an  account  may  be  taken  of  tlie  rents  and  profits  of  the  said 
real  estates,  comprised  in  the  said  term,  received  or  come  to  the 
Iiands  of  your  Orator,  and  that  the  same  may  be  applied  according 
lo  the  trusts  of  the  said  term  ;  and  that  proper  directions  may  be 
given  touching  the  eflccts  specifically  bequeathed  by  the  said  will  and 
eodicil?,  as  licirdooms,  and  that  proper  inventories  may  be  made 
thereof;  and  that  all  necessary  directions  may  be  given  touching  the 
apj>lication  of  a  sufficient  part  of  the  rents  and  profits  of  the  said 
real  estates  to  the  maintenance  and  education  of  the  said  J.  S.  G., 
ill  case  this  Court  shall  be  of  opinion  that  any  allowance  ought  to 
be  made  for  that  purpose  ;  and  that  a  proper  person  may  be 
ajipointed  by  this  honorable  Court  to  receive  the  rents  and  profits 
of  the  said  real  estates^  devised  as  aforesaid  by  the  said  fifth  codicil. 
And  for  furtlier  relief,  ^c. 

R.  S, 
Prai/  Subpoena  against  I.  G.  and 
F.  his  irifc,  B.  S.,  and  J.  S.  G. 


Bill  to  establish  a  Will,  and  an  Account  which  of  the  Exe^ 
cutors  possessed  himself  of  Pari  of  Personals.  Injunc- 
tion to   restrain   Executors  from  receiving  any  further 

Parts — Receiver Guardian Allowance Widoiu 

makes  her  Election. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  and  Ora- 

irixrs,  \{.  I\!.  \V.  M.  II.  M.  I.  M.  &c.  &'c.  infants,  by  their  next  friend, 

that  P.  i\I.  late  of,  &c.  was  at  the  time  of  making  his  will  herein^ 

aftrr  mentioned,  and   at  his  death  seised  in  fee-simple  of,  or  otherwise 


BILLS  FOR  AND  AGAINST  EXECUTORS.        105 

well  entitled  to,  divers  freehold  messuages,  lands,  tenements,  heredita-  ■ 
ments,  and  premises,  situate,  &c.  and  was  also  possessed  of,  interested  in, 
or  well  entitled  to,  a  considerable  personal  estate,  and  that  the  said  P.  JM. 
duly  made  and  published  his  last  will  and  testament  in  writing,  bo?ir- 
Ing  date  on  or  a/)out,  &c.  which  was  executed  and  attested  as  by  law  is 
required  to  pass  real  estates,  and  was  amongst  other  things,  in  the  words 
and  figures,  or  to  the  pur'port  and  eiiiect  following,  (that  is  to  say)  "  This 
is,"  &c.  As  in  and  by,  Sec.  and  your,  &c.  that  the  said  Testator  de- 
parted this  life  on  or  about,  &c.  without  altering  or  revoking  his  said 
will,  leaving  R.  D.  M.,  now  of,  &c.  and  one  of  the  Defendants  hereto, 
who  was  then  an  infant,  but  hath  since  attained  his  age  of  twenty-one 
years,  his  eldest  son  and  heir  at  lavv'  5  and  your,  &:c.  that  P.  M.  of,  &c. 
W.  M.  of,  &c.  and  I.  D.  of,  &c.  who  were  the  Executors  and  Trustees 
in  the  said  will  named,  and  are  three  other  Defendants  hereto,  upon  or 
soon  after  the  death  of  the  said  Testator,  duly  proved  the  said  will  in  the 
proper  Ecclesiastical  Court,  and  took  upon  themselves  the  execution 
thereof,  and  possessed  the  personal  estate  and  eftects  of  the  said  Testator 
to  a  great  amount,  and  the  said  Defendants  also  entered  into  the  posses- 
sion of  the  real  estates  of  the  said  Testator,  or  into  the  receipt  of  the 
rents  and  profits  thereof,  and  have  ever  since  continued,  and  now  are  in 
such  possession  or  receipt ;  and  j'our,  &c.  that  M.  M.  of,  &;c.  another 
Defendant  hereto,  who  was  the  wife  of  the  said  Testator  in  the  said  will 
named,  and  now  continues  his  widow,  hath  elected  to  take  the  provisions 
intended  for  her  by  the  said  will  of  the  said  Testator,  in  lieu  and  bar  of 
dower;  and  your,  &c.  that  very  large  sums  of  money  have  been  received 
by  the  Defendants,  the  Executors  and  Trustees  of  the  said  Testator, 
from  his  real  and  personal  estate,  which  have  not  been  laid  out  and  in- 
vested upon  the  trusts  of  the  said  will,  and  in  particular  your  Orators  and 
Oratrixes  shew  that  thf  said  I.  D.  hath  now  in  his  hands  a  balance  due  to 
the  said  Testator's  estate,  of  the  the  sum  oi  £  and  upwards.  And,  your, 
<S:c.  also  shew  that  the  said  P.  M.  and  I.  D.  in  or  about  the  year  , 

sold  the  shares  and  Interest  of  the  said  Testator  in  two  ships  called  the, 
Szc.  to  H.  C.  and  W.  I.  of,  &:c.  for  the  sum  of  £  ,  for  which   they 

look  the  bond  of  the  said  IE  C  and  W.  I.  bearing  interest  at  5  per 
cent.  And  your,  &c.  that  the  said  I.  D.  who  is  in  possession  of  the  said 
bond,  hath  given  notice  to  the  said  H.  C.  and  W,  I.  to  pay  to  him  the 
principal  and  interest  due  on  the  said  bond,  on  the  day  of 

which  principal  and  interest  will  amount  to  the  sum  of  £ 
And  the  said  I.  D.  intends  to  receive  the  said  sum  o(  £  and  to 

setain  and  apply  the  same  to  his  own  use.  And  your,  &c.  that  the 
said  will  of  the  said  Testator  ought  to  be  established,  and  the  trusts 
thereof  performed  and  carried  into  execution,  by  and  under  the  decree  of 
this  honorable  Court,  and  that  some  proper  person  ong-ht  to  bo  appointed 

15 


106  BILLS  FOR  AND  AGALNST  EXECUTORS. 

by  this  honorable  Court  to  collect  the  outstanding  personal  estate  of  the 
said  Testator,  and  to  receive  the  rents  and  profits  of  his  real  estate.  To 
tlie  end,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises,  and  that  the 
said  will  of  the  said  Testator  may  be  established,  and  the  trusts 
thereof  performed  and  tarried  into  execution,  by  and  under  tbe 
decree  of  this  honorable  Court,  and  the  rights  and  interests  of  youv 
Orators  and  Oratrixes  under  the  same,  may  be  declared  and 
secured,  and  that  an  account  may  be  taken  of  the  personal  estate  of 
the  said  Testator,  and  of  the  rents,  profits,  and  produce  of  the  real 
estate,  which  have  been  possessed  or  received  by  the  said  Defen- 
dants P.  INI.  ^\'.  M.  and  I.  D.,  or  either  of  them,  or  by  any  other 
person  or  persons  by  their,  or  either  of  their  order,  or  for  their  or 
either  of  their  use,  and  that  in  the  taking  of  such  account,  the  said 
Defendants  may  respectively  be  charged  with  interest  for  such 
balances  as  shall  appear  to  have  been  in  their  hands  from  time  to 
time,  and  that  what  shall  be  found  due  from  the  said  Defendants 
may  be  secured  in  this  honorable  Court,  for  the  benefit  of  all  parlies 
interested  therein  ;  and  that  an  account  may  be  taken  of  the  funeral 
expenses,  debts,  and  legacies  of  the  said  Testator,  and  that  the  same 
may  be  paid  in  due  course  of  administration  ;  and  that  in  the  mean 
time  the  said  Defendants,  the  Executors,  and  Trustees  of  the  said 
Testator,  may  be  restrained  by  the  injunction  of  this  honorable 
Court  from  receiving  any  further  j)art  of  said  Testator's  personal 
estate,  or  of  the  rents,  profits,  or  produce  of  his  real  estate,  and  that 
some  proper  person  may  be  appointed  by  this  honorable  Court  to 
receive  and  collect  the  outstanding  personal  estate  of  the  said  Tes- 
tator, and  to  receive  the  rents,  profits  and  produce  of  his  real 
estate :  and  that  some  proper  person  or  persons  may  also  be  ap- 
pointed the  guardian  or  guardians  of  your  Or.itOiS  and  Oratrixes, 
with  suitable  allowances  for  their  maintenance  and  education.  And 
for  further  relief,  &c. 

J.  L. 


Bill  bij  E.itcutor  for  the  DucctioiLS  of  the.  Court. 

Slates  will  and  death  of  Trstator,  and  state  of  Legatees. 
That  Plaintifi",  as  tho  Executor  and  Trustee  named  in  the  said  Testator's 
will,  hath  been  at  all  times,  and  still  is  ready  and  willing  to  administer 


BILLS  FOR  AND  AGAINST  EXECUTORS.  107 

and  distribute  the  residue  and  clear  surplus  of  said  Testator's  personal 
estate,  and  the  money  to  arise  by  sale  of  said  Testator's  real  estate,  which 
hath  not  yet  been  sold  in  a  proper  manner,  and  Plaintill"  well  hoped  that 
the  rights  and  interests  of  the  several  parties  therein  would  have  been 
ascertained  and  settled  without  suit ;  but  so  it  is,  that  (the  several  claim- 
ants) severally  claim  different  and  distinct  interests,  in  opposition  to  each 
other,  in  the  residue  and  clear  surplus  of  the  said  Testator's  personal 
estate,  and  the  money  to  arise  by  sale  of  the  real  estate,  and  in  particular 
A.  13.  pretends  to  be  entitled  to  said  C.  D.'s  share  of  and  in,  &c.  by  virtue 
of  some  assignment  thereof  which  he  pretends  to  have  had  executed  to  him 
by  the  said  C.  D.  ;  and  by  reason  or  on  account  of  such  opposite  claims 
and  interests  Plaintiff  is  unable  to  divide  and  pay  the  residue,  &c.  amongst 
the  said  several  claimants,  or  any  of  them,  with  safety  to  himself,  without 
the  sanction  and  direction  of  this  Court  for  his  indemnity,  or  until  the 
aforesaid  several  clainjs  shall  have  been  decided  upon  ;  therefore  that  the 
rights  and  interests  of  the  several  parties  to  and  in  the  residue  and  clear 
surplus  of  the  said  Testator's  estates,  and  the  produce  thereof,  may  be 
ascertained  and  declared  by  and  under  the  decree  of  this  honorable 
Court. 

Prayer. 

That  an  account  may  be  taken  of  the  jjersonal  estate  and  effects  of  said 
Testator,  and  the  produce  thereof  possessed,  or  received  by,  oi' 
by  the  Order  or  for  the  use  of  Plaintiff,  and  also  of  said 
Testator's  debts  and  legacies,  and  funeral  and  testamentary  charges  j 
^nd  that  an  account  may  also  be  taken  oi  the  rents  and  profits  of 
said  real  estates  of  said  Testator,  ]5ossessed  or  received  by,  or  by 
the  oi'der,  or  for  the  use  of  Plaintifl',  and  which  accounts  Plaintiff 
is  ready  and  willing,  and  hereby  offers  to  come  to  in  such  manner 
as  this  Court  shall  direct,  upon  being  indemnified,  and  having  all 
just  allowances  made  to  him  in  the  taking  of  such  accounts ;  and 
that  the  real  estates  of  the  said  Testator  may  be  directed  to  be 
sold,  and  that  proper  directions  may  be  given  for  the  distribution 
and  payment  of  the  residue  and  clear  surplus  of  said  Testator's 
personal  estate,  and  also  of  the  money  arising  by  sale  of  his  real 
estates.  Plaintiff  hereby  offering  and  submitting  to  divide  and  pay 
the  same  to  such  persons,  and  in  such  manner  as  this  Court  shall 
direct,  being  indemnified  therein,  and  paid  his  costs  and  expenses 
occasioned  thereby,  and  of  tljis  suit.    And  i'oj:  further  relief,  &c. 


108        BILLS  FOR  AND  AGAINST  EXECUTORS. 

Bill  fur  an  Account  agaimt  Executor^:,  and  Tenant  for 
Life,  and  to  have  the  Residue  secured  for  Benefit  of 
those  interested. 

Humbly  Complaining,  shew  unto  jour  Lordslii|r>  your  Oiafors  and  Ora- 
irixcs,  P.' J.  of  A.  J.  his  wifo,  and  i:.  J.  W.  H.  J.  P.  K.  J. 

IM.  J.   S.  J.  infants  under  the  age  of  21  years,  by  the  said   P.J,  their 
father  and   next  friend.  That  W.  II.  late  of  the  parish  of 
in  the  county  of  ,  duly  made  and  published  his  last  will  and  tes- 

tament in  writing,  bearing  date  on  or  about  the  and  thereby  amongst 
otiier  thincrs  gave  and  bequeathed  in  the  words  and  figures,  or  to  ihe  pur- 
port and  efl'ect  following,  that  is  to  say,,  (state  the  ici/l)  (the  sul)stance  is, 
that  he  gave  all  his  personal  estates  to  his  wife  for  her  life,  afterwards  to 
riaintifts.)  That  the  said  W.  II.  afterwards  made  a  codiiil  to  his  said 
will  in  his  own  hand-writing,  and  bearing  dale  on  or  about  the 
and  in  the  words  and  figures,  or  to  the  purport  and  efl'ect  Ibllowing,  that 
is  to  say,  (the  Testator  gave  to  his  son  R.  K.  U.  £  after  the  death 
of  his  wife,)  as  in  and  by  the  said  will  and  codicil,  or  the  probate  thereof, 
reference,  Sec.  And  your,  &c.  that  the  said  Testator  departed  this  lil'e 
on  or  about  the  without  having  altered  or  revoked  his  said  will, 

except  so  far  as  the  same  is  altered  by  the  said  codicil,  and  without 
having  altered  or  revoked  his  said  codicil.  Andyoiu-,  cVc.  that  S.  II.  the 
widow  of  the  said  Testator,  and  the  said  W,  13.  jind  T,  Q.  two  executors 
in  his  said  will  named,  and  all  Defendants  hereto,  have  duly  proved  the 
said  will  and  codicil  in  the  proper  Ecclesiastical  Court,  and  taken  upon 
themselves  the  executorship  thereof,  and  by  virtue  therrof,  have  possessed 
themselves  of  the  personal  estate  and  ellects  of  the  said  Testator  to  a 
large  aniount  and  value,  and  grpatly  more  than  sufficient  to  pay  and  sa- 
tisfy his  just  debts,  funeral  expenses  and  legacies,  &:c.  Thi\t  your  Oralrix 
A.  J.  is  the  daughter  of  the  said  Testator,  in  his  said  will  mentioned,  and 
that  your  Orator  and  Oratrixes  (the  names)  are  the  only  children  of  tije 
said  A.  J.  and  your  Orator  P.  J.  and  Src.  that  they  have  by  themselves 
and  their  agents  repeatedly  applied  to  the  said  S,  II.  W.  B.  and  T.  O.  and 
have  requested  ihem  to  corae  to  a  full  und  true  account  with  your  Orators 
and  Oratrixes  for  the  personal  estate  and  elTectsofthe  said  Testator,  and 
to  secure  and  invest  the  residue  and  clear  surplus  of  the  said  Testator's 
persfinal  e-tate,  for  the  benefit  of  your  Orators  and  Oratrixes  according  to 
th<ir  respective  rights  and  interests  therein,  and  well  hoped  the  said  De- 
fendants would  have  complied  with  such  your  Orators'  and  Oratrixes' 
r<  asonable  requests,  as  in  justice  and  equity  they  ought  to  have  done.  But 
now,  &c.  and  the  said  Defendants  pretend  that  the  personal  eiitate  and 
eflects  of  the  said  VV.  H.  were  small  and  inconsiderable,  and  not  more 
than  su.Ticient  to  pay  and  satisfy  his  funeral  expenses,  debts  and  legacies, 


BILLS  FOR  AND  AGAINST  EXECUTORS.  109 

and  tliat  tlicy  liave  applied  all  such  personal  estate  and  effects  in  a  due 
course  of  administration.  Ciiarge  the  contrary  to  be  the  truth,  and  so  it 
would  appear  if  t!ie  :-aid  r'ef'ondants  would  set  forth,  as  they  ought  to  do, 
a  full  and  true  account  of  all  and  every  the  personal  estate  and  effects  of 
the  said  Testator  which  have  been  possessed  or  received  by  them  the  said 
Defendants,  or  cither  of  them,  or  by  their,  or  either  of  their  order,  or  to 
their  or  either  of  their  use,  and  of  tlu  ir  application  thereof.  And  your  Ora- 
tor and  Oratrixes  further  charge,  that  the  said  Defendants  ought  to  make 
out  an  inventory  of  the  said  Testator's  household  goods,  household  furni- 
ture and  implements  of  household,  plate,  china-ware,  and  ware  generally 
so  called,  and  household  linen,  and  which  inventory  ought  to  be  signed  by 
the  said  S.  H.  and  depo  ited  rtith  one  of  the  masters  of  this  honorable 
Court,  for  the  benefit  of  all  parties  interested  therein.  All  which,  &c. 
to  the  end,  &c. 

Interrogating  Part. 

That  the  said  Defendant  may  answer  and  set  forth,  whether  the 
said  Testator  W.  II.  did  not  duly  make  and  pwbhsh  his  last  will  and 
testament  and  codicil  thereto  in  writing,  of  such  respective  dates,  pur- 
port, and  effect  as  hereinbefore,  in  that  behalf,  set  forth,  so  far  as  the 
same  is  set  forth,  or  some  other,  and  what  dates,  and  to  some  such  or  the 
like,  or  some  other  and  what  purport  and  effect,  and  whether  the  said 
Testator  did  not  depart  this  life  at  or  about  the  time  aforesaid,  or  when 
did  he  die,  and  whether  he  ever,  and  when,  in  any  and  what  manner 
altered  or  revoked  his  said  will,  other  than  as  the  same  may  be  altered 
by  the  said  codicil,  and  whether  he  ever,  and  when,  in  any,  and  what  man- 
ner, altered  or  revoked  his  said  codicil,  and  whether  the  said  Defendants 
S.  H.  W.  B.  and  T.  O.  did  not  duly  prove  the  said  will  and  codicil  in 
the  proper  and  what  Ecclesiastical  Court,  and  whether  they  or  one  and 
which  of  them  did  not  take  upon  themselves  or  himself  the  executorship 
thereof,  or  how  otherwise,  and  whether  by  virtue  thereof  or  othertvise, 
and  how  the  said  Defendants  or  one  and  which  of  them  did  not  possess 
themselves,  herself,  or  himself,  of  the  personal  estate  and  effects  of  the 
said  Testator  to  a  large  and  what  amount  and  value,  and  whether  not 
greatly  more  than  sufficient  to  pay  and  satisfy  his  funeral  expenses,  just 
debts  and  legacies,  and  whether  your  Oratrix  A.  J.  is  not  the  daughter  of 
the  said  Testator  in  his  said  will  mentioned,  and  whether  your  Orators 
and  Oratrixes  {the  names)  are  not  the  only  children  of  the  said  A.  J.  and 
your  Orator  P.  J.  And  whether  your  Orator  and  Oratrixes  have  not  by 
themselves  and  their  agents  made  such  application  and  requests  to  the  said 
Defendants  or  some  or  one  and  which  of  them,  as  hereinbefore  in  that 
behalf  stated,  or  some  other  and  what  applications  and  requests  to  such 
or  the  like  or  some  other  and  what  purport  and  e^ect.     And  whether 


HO  BILLS  FOR  AND  AGAINST  EXECUTORS. 

tliey  have  not  refused  to  comply  therewith  and  for  what  reason.  A  nd 
that  the  said  Defendants  may  set  forth  a  full,  true,  and  just  inventory  and 
account  of  all  and  singular,  the  goods,  chattels,  personal  estate  and  effects 
whatsoever,  which  the  said  Testator,  W.  H.  was  possessed  of,  interested 
in,  or  entitled  to,  at  the  time  of  his  death,  and  all  the  particulars  whereof 
the  same  consisted,  and  the  quantities,  qualities,  full,  real  and  true  values 
of  all  and  every  such  particulars.  And  whether  all  or  some,  and  which 
of  such  particulars  have  not,  and  when  been  possessed  or  received  by,  or 
come  to  the  hands  of  the  said  Defendants,  or  some  or  one  and  which  of 
them,  or  some  and  what  persons  or  person  by  their  or  either  of  their 
order,  or  for  their  or  either  of  their  use,  and  how  and  in  what  manner, 
and  when  and  where,  and  by  and  to  whom,  and  for  how  much  the 
same  and  every  part  thereof  hath  been  sold  and  disposed  of,  and  what 
parts  thereof,  and  to  what  value  and  amount  now  remain  undisposed 
of,  and  what  are  become  thereof.  And  also  a  particular  account  of  all 
and  every  the  debts  whatsoever,  which  were  justly  due  and  owing  from 
the  said  Testator  at  the  time  of  his  death,  and  to  whom,  and  for  what, 
and  on  what  securities,  if  any,  the  sums  were  respectively  due.  And 
whether  any  and  what  sums  of  money  have  been  since  paid  in  or  towards 
the  discharge  of  all  or  an}',  and  which  of  the  said  debts,  and  when  and 
by  whom,  and  to  whom,  and  for  what.  And  whether  any  and  what  sunj 
•or  sunrs  of  money,  do  or  doth  now  remain  unpaid  on  account  thereof. 

Pmyer. 

And  that  the  said  Defendants  may  answer  the  premises ;  and  that 
an  account  may  be  taken  of  the  personal  estate  and  effects  of  the 
said  Testator,  possessed  by  or  come  to  the  hands  of  the  said  De- 
fendants, or  either  of  them,  or  to  the  hands  of  any  other  person  or 
persons  by  their  or  either  of  their  order,  or  for  their  or  either  of 
their  use.  And  also  an  account  of  the  said  Testator's  debts,  funeral 
expenses  and  legacies.  And  that  the  said  personal  estate  may  be 
appUed  in  i)ayment  of  the  said  Testator's  debts,  funeral  expenses 
and  legacies  in  a  due  course  of  administration.  And  that  the  resi- 
due and  clear  surplus  may  be  ascertained  and  secured  by  and  under 
the  direction  of  this  honorable  Court,  for  the  benefit  of  your  Orator 
and  Oratrixes,  according  to  their  respective  rights  and  interests 
therein.  And  that  the  said  Defendants  may  make  out  an  inventory 
of  the  said  household  goods  and  other  effects  specifically  given  to  the 
said  Defendant  S.  II.  for  her  life.  And  that  such  inventory  may  be 
signed  by  the  said  S.  H.  and  deposited  with  one  of  the  masters  of 
this  honorable  Court,  and  for  general  relief. 

J.  L. 

Prai/  Subjjcena  agaimt  S.  II.  W.  B.  and  T.  0. 


BILLS    FOR   AND    AGAINST   EXECUTORS.  Ill 

Bill  by  two  Executors  and  Trustees,  under  a  Will,  to  have 
the  Trusts  of  the  Will  carried  into  execution,  there 
being  inconsistent  Claims.  One  Executor  decVmes  to 
join  in  the  Suit. 

That  I.  C.  was  in  his  life-time,  and  at  the  lime  of  his  death,  possessed 
of,  interested  in,  or  entitled  unto  a  considerable  personal  estate,  consist- 
ing, &c.  and  being  so  possessed,  interested  or  entitled,  he,  in  or  about, 
&:c.  duly  aiade  and  published  his  last  will  and  testament  in  writing  of  that 
date,  and  thereby,  &c. 

That  the  said  I.  C.  departed  this  life  on  or  about,  &c.  without  having 
revoked  or  altered  his  said  will,  leaving  his  three  grand-children  H.  S. 
T.  S.  and  A.  S.  in  his  said  will  named,  and  also  his  daughter  H.  S.  and 
Plaintiffs,  surviving  him,  and  shortly  after  liis  death,  she,  the  said  H.  S.  and 
Plaintifls,  being  the  Executrix  and  Executors  named  in  his  said  will,  duly 
proved,  &c.  and  took  upon  themselves  the  execution  thereof,  and  of  the 
trusts  thereof.  And  Plaintiffs  well  hoped  that  the  trusts  of  the  said 
Testator's  said  will  might  have  been  performed,  and  the  said  Testator's 
eiTects  administered  without  suit.  But  now,  &c.  that  the  said  H.  S.  the 
daughter,  and  the  said  H.  S.  T.  S.  and  A.  S.  the  three  grand-children 
of  the  said  Testator,  claim  to  be  entitled  under  and  by  virtue  of  the  said 
Testator's  said  will  to  certain  parts  or  shares  of  the  personal  estate  and 
effects  of  the  said  Testator,  and  to  certain  estates  and  interests  in  such 
parts  or  sliares  respectively,  not  only  incompatible  with  each  otiier,  but 
also  incompatible  with  several  other  bequests  contained  in  the  said  Testa- 
tor's said  will.  And  Plaintiffs  being  by  such  means,  and  by  means  of  the 
manifold  contradictions  and  inconsistencies  apparent  upon  the  face  of  the 
said  Testdtor's  said  will,  put  to  great  difficulty  in  executing  the  same,  and 
having  moreover  been  advised,  that  they  cannot  with  safety  proceed 
therein,  without  the  directions  of  a  Court  of  Equity,  they  are  therefore 
desirous,  that  an  account  may  be  taken  of  the  personal  estate  and  effects 
of  said  Testator,  and  that  the  s^ime  may  be  applied,  and  the  trusts  of  the 
said  Testator's  will  performed  and  carried  into  execution  under  the  direc- 
tion of  this  honorable  Court ;  and  they  have  for  that  purpose  applied  to 
the  said  II.  S.  who  is  the  other  Trustee  and  Executrix  named  in  the 
said  Testator's  said  will,  to  join  them  in  this  suit,  but  she  hath  declined, 
and  still  declines  joining  them.  And  the  said  H.  S.  T.  S.  and  A.  S.  do 
all  severally  decline  setting  forth  what  parts  or  shares,  or  what  estate  or 
interest  they  claim  to  be  entitled  to,  of  and  in  the  personal  estate  and 
effects  of  the  said  Testator,  in  consideration  whereof,  and  forasmuch  as 
Plaintiffis  cannot  proceed  to  execute  the  tri^sts  in  the  said  Testator's  said 


112  BILLS    FOR    AND    AGAINST    EXECUTORS. 

will,  or  to  administer  his  cfl'ects  with  safety  to  themselves  without  the  di- 
rections of  a  Court  of  Equity,  nor  have  any  adequate  assistance  in  the 
premises  otherwise.     To  the  end,  «ic. 

Prayer. 

That  an  account  may  be  taken  by  and  under  the  direction  and  decree 
of  this  honorable  (^ourt,  of  all  the  personal  estate  and  effects  of 
the  said  Testator  T.  C.  not  specifically  bequeathed  by  his  will,  and 
of  the  application  thereof,  and  also  of  the  funeral  expenses,  debts, 
and  legacies,  of  the  said  Testator.  And  that  such  parts  of  the  said 
Testator's  personal  estate  and  eflects  as  shall  be  found  to  be  remain- 
ing unapplied  and  undisposed  of,  may  be  a{)plied  and  disposed  of  in 
such  manner  as  this  honorable  Court  shall  think  fit,  and  according 
to  the  true  intent  and  meaning  of  the  said  Testaior-s  said  will ; 
and  that  the  trusts  of  the  said  will  may  be  performed  and  carried 
into  execution,  and  that  all  necessary  directions  may  be  given  for 
that  purpose.     And  for  further  relief. 

T.  r.  s. 


Bill  hij  Le^vtccs  for  Paijmcnt  of  Legacies  and  Trusts  of 
Will  carried  into  Execution,  and  to  supply  the  Defect  of 
Copyhold  Surrender. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Oratrixes  C.  W. 
and  S.  W.  infant  children  of  S.  W.  and  I.  W.  under  the  age  of  twenty- 
one  years,  by  the  said  S.  W.  their  father,  and  next  friend,  and  A.  II.  M. 
of  ,  that  T.  F.  late  of,  &c.  was,  at  the  time,  &c.  (the  bill  states  Tes- 

tator was  seised  :  made  his  will,  together  with  a  codicil ;  his  death  without 
altering  will  and  codicil ;  and  Executors  proved  same,  &c.)  and  your.  Sec. 
that  the  said  Testator  was,  in  his  life-time,  and  at  the  time  of  his  death, 
amongst  other  freehold  and  copyhold  estates  seised  to  him  and  his  heirs, 
according  to  the  custom  of  W.  of  and  in  a  copyhold  estate,  consisting 
of,  Sec. ;  and  ihat  the  said  Testator  departed  this  life  without  having  first 
surrendered  the  s;.id  copyhold  estate  to  the  use  of  Iiis  said  will,  by  reason 
whereof  the  said  'V.  M.  the  ^aid  Executor  and  Trustee,  and  the  said 
R.  iM.  and  N.  iM.  in  the  said  will  named,  are,  or  assert  to  be,  co-heirs 
at  law  of  the  said  Testator,  and  uj>on,  or  soon  after  the  death  of  the  said 
Testator,  claimed  the  said  copyhold  premises  as  descended  to  them,  and 
entered  into  and  upon  the  possession  thereof  to  and  for  their  own  use 
and  beacfit.  And  your,  frc.  that  the  ---.Md  W.  I\I.,  R.  JM.,  and  N.  M.,  as 
such  U'ruslees  as  aforesaid,  have,  since  the  death  of  the  said  Testator,  en- 


BILLS  FOR  AND  AGAINST  EXECUTORS,       115 

tered  into  possession  of  all  other  the  said  Testator's  freehold  estates,  and 
have  proceeded  to  a  sale  thereof,  or  the  greatest  part  thereof,  and  have 
received  the  purchase  monies  arising  therefrom,,  which,  together  with  the 
personal  estate  and  effects  of  the  said  Testator,  possessed  by  them,  amount 
to  a  very  large  sum,  and  are  greatly  more  than  sufficient  to  pay  and  dis- 
charge the  said  Testator's  just  debts,  funeral-expenses,  and  legacies.  And 
your,  Sec.  that  the  said  R.  M.  was,  at  the  time  of  the  makuigof  the  will, 
and  of  the  death  of  the  said  Testator,  married  unto  A,  M.  one  of  the  Defen- 
dants hereafter  named,  but  that  the  said  R.  M.  hath  not,  nor  had  at  the  time 
of  the  death  of  the  said  Testator,  any  children  or  child,  and  that  the  said 
N.  M.  was  and  is  at  the  time  of  making  of  the  said  will,  and  at  the  death  of 
the  said  Testator,  unmarried,  and  without  children ;  and  yourj&c.  that  your 
Oratrix  A.  H.  M.  is  entitled  to  have  and  receive,  in  present  money,  of  and 
from  the  said  Trustees,  the  said  sum  o{  £  ,  which  in  and  by  the  said 
will  is  directed  to  be  by  them  invested  in  the  purchase  of  3  per  cent. 
Consolidated  Bank  Annuities,  and  to  be  applied  for  her  use  and  benefit, 
in  manner  in  the  said  will  mentioned,  and  is  also  entitled  to  have  one- 
third  part  or  share  of  the  residue  of  the  real  and  personal  estate  of  the 
said  Testator,  invested  and  secured  for  her  benefit,  pursuant  to  the  di- 
rections of  the  said  will  ;  and  that  your  other  Oralrixes  are  entitled  to 
have  the  said  sura  of  £  ,  in  the  said  will  mentioned,  and  also  two- 
third  parts  or  sliares  of  the  residue  of  the  real  and  personal  estate  of  the 
said  Testator,  invested  and  secured  for  their  benefit  respectively,  pursuant 
to  the  directions  of  the  said  will :  and  your  Oratrixes,  being  so  entitled  as 
aforesaid,  have  caused  many  applications  to  be  made  to  the  said  Trustees 
and  Executors,  and  have  requested  them  to  come  to  a  just  and  fair  ac- 
count with  your  Oratrixes  for  the  personal  estate  and  effects  whereof  the 
said  Testator  died  possessed^  and  of  the  produce  thereof,  and  of  the 
monies  arising  therefrom,  and  of  the  rents  and  profits  and  purchase  mo- 
nies of  his  real  estates  received  by  and  by  the  order  or  for  the  use  of  the 
said  Trustees  and  Executors,  and  also  to  an  account  of  the  said  Testa- 
tor's debts,  funeral  expenses,  and  legacies,  and  that  his  debts  and  other 
charges  aud  expenses  might  be  thereout  paid  in  a  course  of  administration, 
and  in  particular  your  Oratrix's  A.  H.  M.'s  legacy  of  £  might  be 
thereout  paid,  and  that  the  clear  residue  of  said  Testator's  estate  might  be 
ascertained  and  placed  out  and  secured  for  the  benefit  of  your  Oratrixes  as 
they  are  respectively  entitled  thereto,  pursuant  to  the  said  will.  And  that 
the  trusts  of  the  said  will  might  be  carried  into  execution,  with  which 
just,  &c.  But,  &c.  Pretence,  no  will  made;  charge  contrary.  Pre- 
tence, personals  insufficient ;  charge,  contrary.  And  the  said  W.  M., 
R.  M.,  and  N.  M.,  who  are  or  pretend  to  be  the  said  Testator's  co-heirs 
at  law,  at  some  times  pretend  that  the  said  will  was  not  so  executed  and 
attested  as  to  pass  and  affect  freehold  estates  of  inheritance,  and  that  the 

16 


114  BILLS    FOR    AND    AGAINST    EXFXUTORS. 

said  Testator's  real  estates  did  not  pass  thereby,  but  descended  to  them 
as  Testator's  heirs  at  law,  and  they  threaten  that  they  will  dispute  the 
validity  of  the  said  Testator's  will;  and  at  other  times  the  said  Defen- 
dants will  admit  tlie  validity  of  the  said  Defendant's  will,  but  then  they  to- 
gether with  the  said  A.  M.,  pretend,  that  for  and  notwithstanding-  the  said 
W.  M.,  R.  M.,  and  N.  M.,  as  the  co-heirs  at  law  of  the  said  Testator, 
did  enter  into  and  upon  the  aforesaid  copyhold  esiate  which  the  said  Tes- 
tator had  not  surrendered  to  the  use  of  his  will,  imd  did  claim  and  take 
the  same  to  and  for  their  own  use  and  benefit,  yet  thai  the  r.id  Defen- 
dants AV.  M.,  R.  M.,  A.  M.,  andN.  M.,  are,  nevertheless,  respes  tively  en- 
titled in  and  to  the  several  legacies  and  provisions  whiih  the  said  Testator 
intended  them  by  his  said  will,  whereas  your  Oratrixes  charge  that  foi  as- 
much  as  it  appears  by  the  said  will  to  have  been  tiie  manifest  intention 
of  the  said  Testator,  that  the  said  copyhold  estate,  though  not  in  fact  sur- 
rendered, should  pass  to  the  uses  of  his  said  will,  the  said  W.  M.,  R.  M., 
and  N.  M.,  by  claiming  and  taking  the  said  copyhold  estate  to  and  for 
their  own  use,  and  thereby  defeating  the  intention  of  the  said  Testator, 
have  forfeited  all  benefit  and  fidvantage  which  tlie  said  Testator  by  his 
said  will  intended  to  them,  or  either  of  them,  or  to  their,  or  either  of 
their  wives  or  children.  Chan;e,  that  the  said  W .  IV!.,  I.  IM.,  and  O.  C, 
threaten  and  intend  to  pay  and  secin-e  to  the  said  R.  M.,  A.  M.,  and 
N.  JM.,  and  also  to  the  said  \V.  ^l.  all  and  every  the  legacies  and  bene- 
fits by  the  said  will  intended  therein.     All  which,  \c.     To  the  end,  &c. 

Prayer. 

And  that  the  said  will  and  codicil  of  the  said  Testator  may  be  esta- 
blished, and  the  trusts  thereof  performed  and  carried  into  execution  ; 
and  that  the  said  W.  M.,  R,  iM.,  and  N.  ]>?.,  tlie  co-heirs  at  law  of 
the  said  Testator,  by  claiming  and  taking,  to  and  for  their  own  use 
and  benefit  aforesaid,  the  copyhold  estate  which  the  said  Testator 
liad  not  surrendered  to  the  use  of  his  will,  may  be  declared  to  have 
forfeited  the  several  legacies  and  provisions  which  by  the  said  will 
were  intended  to  them.  And  that  an  account  may  I)e  taken  of  the 
personal  estate  and  eflfects  of  the  said  Testator,  and  of  the  rents 
and  profits  of  his  real  estates,  and  of  the  monies  arising  from  the  sale 
thereof,  which  have  come  to  the  hands  of  the  said  Executors 
and  Trustees,  or  any  of  them,  or  to  the  hands  of  any  other 
person  or  persons,  by  their  or  any  of  their  order,  or  for  their 
or  any  of  their  use ;  and  also  an  account  of  the  said  Testator's 
debts,  legacies,  and  funeral  expenses,  and  that  such  personal  estate 
may  be  applied  in  a  course  of  administration,  and  in  particular  that 
the  aforesaid  legacy  of  JC  may  be  decreed  to  l)e  paid  to  your  Ora- 
trix  A.  H.  iNl. ;  and  that  the  clear  residue  of  the  said  Testator's 


BILLS    FOR    AND    AGAINST   EXECUTORS.  116 

estate  and  effects  may  be  ascertained,  and,  together  with  the  said 
sum  of  £  in  the  said  will  given  to  your  Oratrix  '.  VV,  during 
her  life,  may  be  placed  out  and  secured  for  the  benefit  of  your 
Oratrixes,  according  to  their  several  and  respective  rights  and  inte- 
rests therein,  pursuant  and  agreeably  to  the  trusts  of  the  said  will. 
And  that  for  these  purposes  all  proper  directions  may  be  given. 
And  for  further  relief.  &:c. 

J.  L. 


116 


SECT.    IV.— BILLS    FOR   AND    AGAINST    TIICSTEES. 


Bill  to  remove  Trustees,  one  refusing  to  act,  and  the  other 
having  applied  Part  of  the  Trust  Monies  to  his  own 
Use.  Injunction  to  restrain  them  from  receiving  fur- 
ther Sums ;  for  the  Appointment  of  new  Trustees  and 
a  Receiver. 

Humbly  complaining,  &c,  your  Orator  and  Oratrixes  J.  E.  of.  Sec. 
S.  E.  the  elder,  the  wife  of  ihe  said  J.  E.  and  S.  E.  the  younger,  spin- 
ster, the  daughter  and  only  child  of  the  said  I.  E.  and  S.  E.  That  by  in- 
denture, bearing  date,  &c.  ,  and  made  or  expressed  to  be  made 
between  your  Orator  and  Oratrix  I.  E.  and  S.  E.  the  elder,  of  the  one 
part,  and  N.  B.  of,  &c.,  and  R.  P.  late  of,  &c.  but  now  a  prisoner  in 
his  Majesty's  gaol  of  ,  and  the  Defendants  hereinafter  named, 
of  the  other  part.  After  reciting,  Sec.  As  in  and  by,  &c.  And  your 
Orator  and  Oratrixes  further  shew  unto  your  Lordslii[),  that  the  said 
R.  P.  hath  principally  acted  in  the  trusts  of  the  said  indenture,  and 
hath  by  virtue  thereof,  frona  time  tQ.time,  received  considerable  sums  of 
money  and  other  effects,  but  the  said  R.  P.  hath  applied  only  a  small 
part  thereof  upon  the  trusts  of  the  said  indenture,  and  hatli  applied  and 
converted  the  residue  thereof  to  his  own  use,  and  in  particular  the  said  R.  P. 
hath,  within  a  few  months  past,  received  a  considerable  sum  from  the  estate 
and  effects  of  the  said  C.  E.  the  whole  of  which  he  applied  to  his  ovv'n  use  ; 
and  your  Orator  and  Oratrix  shew  that  they  have  by  themselves  and  their 
agents  repeatedly  applied  to  the  said  R.  P.  and  N.  B.  for  an  account  of 
the  said  trust  property  received  and  possessed  by  them,  and  of  their  appli- 
cation theieof.  And  your,  &c.  well  hoped,  &c.  But,  Sec.  absolutely  refuse 
so  to  do.  And  the  said  Defendants  pretend,  that  tiie  trust  j)roperty  and 
effects,  possessed  and  received  by  them,  were  to  an  inconsiderable  amount, 
and  that  they  have  duly  applied  the  sanse  upon  the  trust  of  the  aforesaid 
indenture.  Charge,  contrary,  S^c. ;  and  so  it  would  ai)pear,  if  the  said 
Defendants  would  set  forth  as  they  ought  to  do,  a  full  and  true  account  of 
all  and  every  the  said  trust  property  and  effects,  which  they  have  re- 
spectively possessed  and  received,  and  of  their  application  thereof. 
Charge,  that  the  said  \\.  P.  threatens  and  intends  to  use  other  parts  of 
the  said  trust  property,  and  to  apply  the  same  to  his  own  use,  unless  he 
is  restrained  therefrom  by  the  injunction  of  this  honorable  Court. 
Charge,  that  he,  as  well  as  the  said  W".  B.  ought  to  be  removed  from  being 
Trustees  under  the  said  indenture,  and  that  some  other  persons  ought  to 


BILLS  FOR  AND  AGAINST  TRUSTEES.       117 

be  p.ppointed  by  tlii:;  honorable  Coiu't  as  such  Trustees  in  t'aeir  place  and 
stead,  and  that  m  the  meantime  some  proper  persons  oiight  to  b^  -ap- 
pointed to  receive  and  collect  the  snid  trust  property.  To  the  end,  &c. 
And  that  the  said  Defendants  may  answer  the  premises. 

Prayer. 

And  that  an  account  may  be  taken  of  all  and  every  the  said  trur^t  pro- 
perty and  eifccts  which  have,  or  biit  for  the  v  ilfrj  defa'j't  and  neo^Sect 
of  the  said  Defendants  might  have  been  received  by  them,  or  ei'.her 
of  them,  or  by  any  other  person  or  person-,  by  i  hdr  or  either  of 
their  order,  or  to  tlieir  or  either  oi  tlieir  use  ;  and  also  an  account  of 
their  appliiation  thereof.  And  that  the  said  Defendants  may  re- 
spectively be  dei^ieed  to  pay  wliat  shall  appear  to  he  due  irom  ihem 
upon  iuch  account ;  and  that  fiie  said  Defendants  ojay  be  rvmoved 
from  being  trustees  under  liiC  said  indenture,  and  that  it  nia\  be 
referred  to  one  of  the  Masti  rs  of  ihis  honorable  Court  to  appoint 
two  other  persons  to  be  the  'IViu^tees  linder  the  said  mdentuie,  in  their 
place  and  stead;  r.nd  that  in  iije  meantime  siome  proper  person  may 
be  appointed  to  "'.ive  and  collect  the  .-aid  t.-ust  estate  and  effects, 
and  that  the  said  '■  -<  ft-ndanu  may  be  renrai-.ied  by  the  order  -wnl  in- 
junction of  this  honoraiile  Court  from  any  further  interference  there- 
in.    And  for  further  relief,  &c. 

J.L. 


Bill  for  the  Appointment  of  a  new  Trustee  under  a  Mar- 
riage Setllement,  there  being  no  such  power  therein 
contained.     Trustee  willing  to  he  removed. 

Humbly  complaining,  &c.  your  Orators  and  Oratrixes  I.  M.  P.  of, 
A;c.  and  E.  his  wife,  A.  P.  and  C.  P.,  all  infants  under  the  age  of 
twenty-one  years,  by  the  said  I  M.  P.  their  father,  and  riext  Jriend,  and 
S.  N.  M.  of,  &:c.  (the  other  Trustee  under  the  settlement,)  that  by 
certain  indentures  of  lease  and  release,  bearing  date  respectively,  «S:c.  the 
release  being  of  three  parts,  and  made,  or  expresised  to  be  made,  be- 
tween, &c.  i^se.t  out  indenture.)  But  the  said  indenture  contained  no 
power  or  authority  to  appoint  a  new  Trustee  in  the  place  or  stead  of 
either  of  the  said  Trustees  therein  named,  who  should  decline  to  act  in 
the  said  trusts,  or  be  desirous  to  be  removed  therefrom,  as  in  and  by,  &c. 
And  your,  ^:c.  That  the  said  intended  marriage  was,  soon  afleiwards, 
had  and  solemiiized  between  your  Orator  I.  M.  P.,  and  your  Oratrix 
E.  P. ;  and  that  your  Orators  and  Oratrixes  (the  children)  are  the  only 
children  of  the  said  marriage ;  and  your  Orators  and  Oratrix  shew  that 
the  said  Defendant,  by  I.  P.  L.  declines  to  act  in  the  trusts  of  the  ?aid 


11§  BILLS  FOR  AND  AGAINST  TRUSTEES. 

indenturej  and  is  desirous  to  be  discharged  therefrom,  but  by  reason  that 
no  power  is  reserved  in  the  said  indenture  for  the  appointment  of  a  new 
Trustee,  your  Orators  and  Oratrixes  are  advised  that  he  cannot  be  dis- 
charged from  such  trusts,  nor  any  new  Trustee  appointed  without  the 
aid  of  tliis  honorable  Court.  To  the  end,  &c.  And  that  the  said  De- 
fendant may  answer  the  premises. 

Prayer. 

And  that  it  may  be  referred  to  one  of  the  blasters  of  this  honorable 
Court  to  appoint  a  new  Trustee  under  the  said  marriage  settlement, 
in  the  place  and  stead  of  the  said  Defendant;  and  that  the  said  Defen- 
dant may  be  directed  to  join  in  such  instrument  or  instruments  as  may 
be  necessary  for  conveying  or  releasing  the  said  trust  uremi^es  to 
your  Orator  I  N.  M.,  and  such  new  Trustee,  upon  the  (rusts  of  the 
said  settlement ;  and  that  thereupon  the  said  Defendant  may  be  dis- 
charged from  the  trusts  of  the  said  indenture.  And  for  further  re- 
lief, &c. 

J.  L. 


Bill  for  removing  a  Trustee  who  refused  to  act. 

States  the  will,  death,  probate;  personal  estate  insufficient,  and  there- 
fore necessary  to  sell  the  whole  or  part  of  real  estate,  pursuant  to  the 
directions  of  the.  will.  Application  to  Defendant,  who  was  named  a 
Trustee  in  the  will,  to  join  with  Plaintiff  in  carrying  the  trusts  of  the 
will  into  execution,  and  for  that  purpose  to  make  sale  of  Testator's  es- 
tates to  pay  off  debts,  and  otherwise  to  act  in  the  trusts  reposed  in  them 
by  the  will.  And  Plaintiff  well  hoped,  &c.  But  now  so  it  is,  &c.  re- 
fuses to  act  in  the  trusts  of  the  will,  and  therefore  Plaintiff  is  advised  and 
humbly  insists,  that  C.  H.  ought  to  release  and  assign  all  his  estate  and 
interest,  in  trust,  to  the  said  premises,  unto  I.  L.  his  co-trustee,  or  other- 
wise, that  a  new  Trustee  ought  to  be  appointed  in  place  of  C  H.,  and  the 
said  trust  estate  conveyed  unto  I.  L.,  and  such  new  Trustee,  upon  the 
trusts  mentioned  in  the  said  will.  But  the  said  C.  H.  refuses  to  assign  or 
convey  the  trusts,  or  any  part  thereof,  alleging  that  he  cannot  do  the 
same  with  safety  without  the  directions  and  indemnity  of  this  honorable 
Court.     In  tender  consideration,  &:c.     To  the  end,  &c. 

Prayer. 

That  the  said  C.  II.  may  be  discharged  from  the  trusts  of  the  will  of 
the  said  Testator,  and  that  he  may  release  and  convey  all  his  interest 
in  the  trust  estate,  according  to  the  nature  thereof,  unto  the  said 


BILLS    FOR    AND    AGAINST    TRUSTEES.  119 

T.  L.  his  co-trustee,  or  that  a  new  Trustee  may  be  appointed  in 
the  place  and  stead  of  C.  H. ;  and  that  the  trust  and  premises  may 
be  severally  and  respectively  duly  conveyed,  accordini^  to  the  dif- 
ferent natures  thereof,  unto  the  said  I.  L.  and  such  new  Trustee,  and 
the  survivor  of  them,  and  his  heirs,  upon  the  trusts  mentioned  arnl 
expressed  In  the  said  Testator's  will.  And  that  all  proper  parties 
may  be  decreed  to  join  therein.     And  for  further  relief. 

J.  L. 


Bill  by  Trustee  under  a  Marriage  Settlement,  to  have  re- 
placed in  the  Funds  a  Sum  of  Stock,  secured  by  Bond  on 
the  Trusts  of  said  Settlement,  and  applied  to  the  Uses 
of  the  Will  of  Appointee. 

Humbly  complaining,  &c,  your  Orator,  J.  W.  of,  »S;c.  that  R.  II.  N. 
of,  &'c.  one  of  the  Defendants  hereinafter  named,  by  his  bond  or  obli- 
gation in  writing,  duly  executed  by  him,  bearingdate,  &r.  became  bound 
to  S.  S  late  of,  &c.  spinster,  since  decensed,  in  the  principal  sum  of  ^6* 
with  a  condition  there  under  written,  reciting,  Sec.  as  by,  &c.  And  your, 
&'c.  that  a  marriage  was  afterwards  intended  to  be  had  and  solemnized 
between  W.  S.  of.  Sec.  and  the  said  S.  S. ;  and  previous  thereto  a  certain 
indenture  of  settlement  was  duly  made  and  executed,  bearing  date,  &zc. 
between  said  W.  S.  of  the  fn?t  part,  the  said  S.  S.  of  the  second  part,  and 
F.  R.  S.  since  deceased,  of,  &c.  and  your  Orator  of  the  third  part,  recit- 
ing, amonst  other  things,  the  bond  hereinbetore  mentioned,  and  that  (in- 
terest of  money  due  on  said  bond  to  be  paid  to  W.  S.  for  life,  and  after 
his  decease,  without  issue,  to  transfer  principal  to  S.  S.  if  tlien  liv- 
ing, and,  if  dead,  as  she  should  apjHjiiif,  notwi'.hstanding  coverture)  as 
in  and  by,  &:c.  And  your,  &c.  that  the  said  intended  marriage  was  soon 
afterwards  duly  had  and  solemnized,  but  there  were  no  cliiklren  of  the 
said  marriage;  and.  Sec.  that  the  said  F.  R,  S.  departed  this  life  in  the 
life-time  of  the  said  S.  S.  and  yoin-  Orator  is  thereby  become  the  sur- 
viving Trustee  under  the  said  marriage  settlement.  And  your,  k.Vc.  that 
the  said  S.  S.  departed  this  life  on  or  alsout,  Sec.  having  first  duly  made 
and  published  her  last  will  and  testament  in  writing,  or  a  paper  writing 
in  the  nature  of  a  will,  bearing  date,  &:c.  and  there!)y  she  gave  and  be- 
queathed, &c.  £  (to  her  husband  ;  "  to  her  sisler-in-law,  1>.  S." 
£  and  to  her  daughters,  S.  S.  and  II.  S.  each  £  ;  to  her  nieces, 
II.  and  E.  II.  £  each,'  to  her  brother-in-law,  Defendant  R.  H  N. 
£  ,  and  appointed  him  Executor)  as  in  and  by.  Sec.  And  your, 
Sec.  that  after  the  death  of  the  said  Testator,  the  said  R.  II.  N.  duly 
proved  the  said  will,  in  the  proper  Kccksiastical   Court,  and  took  u[)on 


120  BILLS    FOR    AND    AGAINST    TRUSTEES. 

himscif  the  executorship  thercor.  And  your,  (S.-.  that  the  said  R.  H.  N. 
)iot  having  loplaccd  the  said  stock  in  the  said  bond  hrreinbefcre  men- 
lioned.  your  Orator  caused  a  notice  in  writing,  bearing  date,  Sec.  to  be 
flehvercd  to  the  said  R.  H.  N,  requiring  him.  Sec.  (to  replace  said  stock.) 
And  your  Orator  well  hoped,  Sec.  But  now,  &c.  R.  li.  N.  combining 
with,  ^:c.  (the  other  persons  interested  under  the  aforesaid  wil),)  pretends 
tliat  the  said  stock  was  never  transferred  tohim,  or  the  value  thereof  paid 
to  him  in  money  ;  and  that  if  such  stock  were  ever  transferred  to  him,  or 
the  value  thereof  paid  to  him  in  money,  he  replaced  the  said  stock  some 
time  ago,  and  in  the  life- time  of  the  said  Testatrix,  S.  S.  and  that  therefore 
he  ought  not  nuw  to  be  called  upon  to  pay  or  replace  the  same.  Charges 
that  the  said  stock  was,  previous  to  bis  executing  the  said  bond,  transferred 
to  him,  the  said  R.  H.  N.  or  the  value  thereof  was  paid  to  him  in  money, 
and  that  the  said  stock  was  not  replaced  by  the  said  Defendant,  R.  H.  N. 
in  the  life-time  of  the  said  Testatrix,  or  at  any  time  since,  but  the  same 
now  remains  due  and  owing  from  the  said  Defendant  upon  the  trusts  of 
the  said  settlement,  and  which  the  said  Defendant  will,  at  other  times, 
admit ;  but  then  he,  and  the  said  other  Defendants,  the  legatees  in  the 
said  Testatrix's  wil!  named,  pretend  and  insist,  that  the  said  Testatrix 
disposed  of  the  said  stock  secured,  to  be  replaced  by  the  said  bond 
hereinbefore  mentioned  by  her  saici  will.  Charge,  that  the  said  Defen- 
dant, AV.  S.  claims  to  be  entitled  to  the  interest  and  dividends  of  the  said 
stock,  during  his  life,  nnder  the  said  indenture  of  settlement,  hereinbefore 
mentioned.  And  for  that  purpose  he  hath  called  upon  your  Orator,  as 
the  surviving  Trustee  under  the  said  indenture,  to  have  the  said  stock  re- 
placed, and  the  interest  and  dividends  thereof  paid  tohim  during  his  life, 
but  which  the  said  Defendant,  R.  H.  N.  hath  refused  to  do.  All  which, 
&c. 

Prayer. 

That  the  said  Defendant,  R.  11.  N.  may  be  decreed  to  replace  the  said 
stock,  pursuant  to  the  terms  of  the  said  bond,  hereinbefore  men- 
tioned. And  that  he  may  account  with  your  Orator  for  the  interest 
and  dividends  of  the  said  stock  in  the  mean  time,  and  that  the  said 
stock,  when  replaced,  may  be  declared  upon  the  trusts  of  the  said 
marriage  settlement,  and  the  said  will,  or  paper  writing  in  the  na- 
ture of  a  will  of  the  said  S.  S.  deceased.     And  for  further  relief. 

W.  C. 


BILLS  FOR  AND  AGAINST  TRUSTEES.  121 

Bill  by  a  surviving  Trustee,  to  he  discharfred  from  Trusts 
on  the  Ground  of  Obstruction  by  the  Husband  of  Ces' 
tui  que  Trust. 

Humbly  complaining^  sheweth  unto  yom'  Lordship,  your  Orator,  G.  B. 
of,  &c.  that  J.  C  of,  &c.  U'as,  in  his  life-time,  and  at  the  time  of  his 
death,  hereinafter  mentioned,  seised  of,  possessed,  or  well  entitled  to  a 
considerable  real  and  personal  estate,  and  being  so  seised  and  possessed, 
he  the  said  J.  C.  on  or  about,  &c.  duly  made  and  published  his  last  will 
and  testament  in  writing,  and  which  was  executed,  &c.  And  thereby, 
aftor  confirming  an  indenture  of  hettlement  therein  mentioned,  of 

and  the  several  trusts  and  uses  therein  mentioned,  and  which  have 
since  expired  by  length  of  time,  or  otherwise;  and  after  giving  and  be- 
queathing unto  E.  S    therein  named,  an  annuity  of  =£         per  annum,  and 
to  his  sister  E.  R.  an  annuity  oi  £         per  annum,  and  after  charging  his 
real  and  personal  estate  with  the  payment  there©!',  he  gave  and  devised, 
&c.  (all  his  estates  to  Plaintiff,  S.  B.  I.  II.  and  G.  W.  in  trust,  to  pay 
aforesaid    annuities,    and  the   surplus   to   the  sole    use    of    Testator's 
daughter,  E.  C.  for  hfe,  and  after  to  her  issue,  as  tenants  in  common,  in 
default  thereof,  over.)  And  your,  &c.  that  after  the  making  and  publish- 
ing of  such  will  as  aforesaid,  the  said  Testator  duly  made  and  published 
a  codicil  thereto,  bearing  date,  Szc.  and  thereby  directed,  &c   Q£         per 
annum,  to  be  added  to  aforesaid  annuities,  and  revoked  the  appointment 
of  G.  W.  as  Executor  and  Trustee.)    as  in  and  by,  &c.    And  your,  ^c. 
that  soon  after  the  making  and  publishing  the  said  last  will  and  codicil, 
and  on  or  about,  &c.  the  said  J.  C.  departed  this  life  without  altering 
or  revoking  his  said  will,  sav^e  as  the  same  is  altered  by  his  said  codicil, 
and  without  altering  or  revoking  his  said  will,  leaving  the  said  E.  C.  I. 
then  E.  his  daughter,  only  child  and  heiress  at  law,  and  Plaintifl',  and  the 
said  S.  B.  and  I.  H.  his  Executors  and  Trustees,  named  in  his  said  will  and 
codicil,  him  surviving,  and  upon  or  soon  after  the  death  of  the  said  Tes- 
tator, Plaintiff  and  the  said  S.  B.  and  I.  II.  duly  proved  the  said  will  and 
codicil  in  the  Prerogative   Court  of  the  A.  of  C.  and  took  upon  them- 
selves the  burthen  of  the  execution  thereof,  and  possessed  themselves  of 
the  personal  estate  and  eflfccts  of  the  said   Testator;  and   also  entered 
into  and  upon  the  possession  of  his  real  and  leasehold  estates,  so  devised 
to  them  as  aforesaid,  and  received  the  rents  and  profits  thereof,  and  duly 
applied  the  same,  and  the  interest  arising  from  tlic  said  personal  estate,  in 
the  payment  of  the  said  annuities,  and  in  the  maintenance  and  education 
of  his  daughter,  pursuant  to  the  directions  of  his  said  will.    And  your, 
&c.  that  the  said  E.  C.  I.  did  soon  afterwards,  in  or  about,  &c   by  and 
with  the  privity,  consent,  and  approbation  of  Plp.iniifl)  and  the  said  S.  B. 

17 


12^  BILLS  rOR  AND  ACiAIKtiT  TRUSTEES. 

and  I.  H.  intermarry  with  T.  C.  of,  Arc.  whereby  the  said  E.  C.  and  her 
said  husband,  T.  C.  in  her  rigiit  became  entitled  to  the  residue  of  the  said 
Testator's  leasehold  houses,  premises,  and  personal  estate  so  devised 
by  his  said  will  as  aforesaid.  And  your,  &c.  that  by  an  indenture, 
bearing  date,  &c.  and  made  between  PlaintilT  and  the  said  S.  B.  and 
I.  H.  of  the  first  pait,  the  said  E.  C.  of  the  second  part,  and  the  said 
T.  C.  of  the  third  part,  being  an  indenture  of  settlement  made  previous  to 
and  in  consideration  of  the  marriage  then  intended,  and  afterwards  had 
between  the  said  E.  C.  and  T.  C.  reciting,  &c.  (to  husband  for  life, 
then  to  wife  for  life,  and  afterwards,  as  tiierein  mentioned)  as  in  and 
by,  &c.  And  your,  &c.  that  Plaintiff,  and  the  said  S.  13.  and  I.  H.  did, 
upon  the  marriage  of  the  said  T.  C.  and  E.  C.  make  up  an  account  with 
them  of  all  money  and  effects  whatsoever,  had,  received,  produced,  paid, 
applied,  or  disposed  of  by  them  or  any  of  them,  by,  from,  or  out  of  the 
said  freehold  and  leasehold,  and  of  all  other  tlie  real  and  personal  estates 
whatsoever,  which  were  of  the  said  T.  C.  deceased,  since  the  death  of  the 
said  T.  C.  received  by  them,  or  any  of  them,  in  pursuance  of  the  trust  and 
executorship  reposed  in  them  by  the  said  T.  C.  and  did  pay  to  him  the 
said  I.  C.  the  balance  due  to  him  on  such  account.  And  they,  the  said 
T.  C.  and  E.  his  wife,  did  thereupon  execute  to  Plaintiff  and  the  said 
S.  B.  and  I.  II.  a  general  release,  bearing  dale,  &c.  And  your,  &:c. 
that  there  is  now  remaining  the  sum  of  £  ,3  per  cent.  Bank 

Annuities  Consols,  in  the  name  of  Plaintiff  and  the  said  S.  B.  the  only 
remaining  part  of  the  triist  funds  mentioned  in  the  said  indenture  of 
settlement,  of,  &"c.  And  your,  &c.  that  the  said  S,  B.  and  I.  H. 
tiave  severally  departed  this  life,  and  the  said  T.  C.  hath  since  also  de- 
parted this  life,  leaving  the  said  E.  his  widow  and  relict,  and  three  children, 
viz.  T.  C.  C.  T.  W.  C.  and  C.  C.  then  and  now  infants,  under  the  age  of 
twentv-one  years,  him  surviving,  and  Plaintiff  became  the  surviving 
Trustee  and  Executor  of  the  said  will  of  tlie  said  T.  C.  And  your,  &:c. 
that  the  said  E.  the  widow  and  relict  of  the  said  T.  C.  hath,  sometime 
since,  iiiti  rninrried  with  E.  J.  one  of  the  Defendants  hereinafter  named  ; 
and  since  such  intermarriage,  the  said  E.  J.  hath  obstructed  Plaintiff  in 
the  execution  of  the  said  trusts  of  the  said  Testator's  will,  and  hath  got 
into  the  possession  of  the  receipts  of  the  rents  and  profits  of  part  of  the 
said  trust  estate,  and  hath  received  the  same  for  a  long  time  past,  and  in- 
sists on  having  a  right  to  receive  the  same,  and  hath,  for  the  enforcing 
the  payment  of  such  rents,  brought  ejectments  and  other  actions  against 
some  of  the  tenants  of  the  said  trust  estate,  and  distrained  upon  the  goods 
of  others  of  them,  and  threatens  to  proceed  in  such  actions,  and  olher- 
wise,  against  the  tenants  of  the  said  premises.  And  the  said  E.  J.  hath 
applied  and  converted  the  money  so  received  by  him  to  his  own  use, 
without  any  regard  to  the  account  char^^cd  on  the  said  estates,  by  the 


BILLS  ron  AND  AGAINST  TRUSTEES.  123 

said  Testator's  will  and  codicil,  and  other  incumbrances  made  tliereou 
by  the  said  E.  his  wife,  before  her  intermarriage  with  the  said  E.  J.  and 
by  means  tliereof  tlie  said  account  and  incumbrances  are  become  in  ar- 
rear.  And  Plaintiff  is  obstructed  in  the  execution  of  the  trusts  afore- 
said, and  is  threatened  with  divers  suits  and  actions,  for  the  non-per- 
formance of  the  said  trusts,  and  is  otherwise  put  to  divers  large  expenses 
and  costs  in  and  about  the  premises,  and  hath  been  obliged  to  give  no- 
tice to  the  said  tenants  not  to  pay  their  rents  to  any  person  but  himself, 
and  to  defend  tlicm  in  the  actions  so  brought.  And  Plaintiff  being  the 
only  surviving  Trustee  named  in  the  said  will,  is  desirous  of  being  dis- 
charged from  tiie  trusts  thereof,  and  of  assigning  over  the  said  trust  pre- 
mises to  some  other  fit  and  proper  person  to  be  approved  of  by  this  ho- 
norable Court.  And  Plaintiff  hath  frequently,  and  in  a  friendly  manner, 
applied  by  himself  and  others,  to  the  said  E.  J.  and  E.  his  wife,  and  re- 
quested them  to  join  with  Plaintiff  in  nominating  and  appointing  some 
other  (it  and  proper  person  to  be  Trustee  of  the  said  premises,  and  to 
permit  Plaintiff  to  assign  to  such  person  the  said  trust  estates  and  pre- 
mises. And  Plaintiff  well  hoped.  Sec.  But  now,  &c.  E.  J.  and  E.  his 
wife,  combining  with  the  three  infants  and  E.  R.  M.  VV.  and  R.  W.  and 
olhers,  refuse  to  comply,  and  insist  that  Plaintiff  shall  not  be  discharged 
from  the  said  trusts  before  he  hath  passed  the  accounts  thereof,  under  a 
pretence  that  there  is  a  large  sum  of  money  due  to  them  from  PlaintiA' 
on  account  thereof,  the  contrary  whereof  Plaintiff  charges  to  be  the 
truth;  and  Plaintiff  is,  and  always  hath  been,  ready  and  willing,  and 
hereby  submits  to  account  for  the  trust  money  received  by  him,  and  of 
the  application  thereof,  in  such  manner  as  this  honorable  Court  shall 
please  to  direct.  And  the  said  Defendant,  the  infants,  and  E.  R.  M.  W. 
and  R.  W.  do  severally  pretend  and  set  up  some  right,  claim,  or  interest, 
in,  to,  or  out  of  the  said  trust  estates  and  premises,  or  some  part  thereof, 
but  severally  refuse  to  set  forth  or  discover  what  estate,  right,  title,  or 
interest  they,  or  any  of  them,  have,  or  claim  to  have,  in,  to,  or  out  of  the 
said  trust  estates  and  premises,  and  how  they  severally  derive  and  make 
out  the  same,  and  yet  they  refuse  to  permit  or  consent  to  Plaintiff's  being 
discharged  from  the  trusts  of  the  said  Testator's  will  and  codicil.  AIJ, 
which,  &c. 

Prayer. 

That  an  account  may  be  decreed  to  be  taken  of  the  rents  and 
profits  of  the  said  trust  estates,  received  by  the  Defendant,  E.  J. 
or  any  other  person  or  persons,  by  his  order,  or  for  his  use  ;  and  that 
what  shall  be  found  due  from,  on  the  balance  of  such  account,  may 
be  paid  by  him  to  Plaintiff,  to  be  applied  and  disposed  of  upon  the 
irust,  and  for  the  purposes  in  the  said  Testator's  will  and  codicil. 


124  BILLS    FOR    AND    AGAINST    TKUSTLES. 

declared  and  expressed  concerning  tlic  same  ;  and  PJaintifi"  may  be 
discharged  from  the  trusts  of  tlie  said  Testator's  will  and  codicil^ 
upon  passing  his  accounts,  and  which  Plaintiff  is  ready  and  willing, 
and  hereby  submits  to  do,  in  such  manner  as  this  honorable  Court 
shall  please  to  direct ;  and  that  it  may  be  referred  to  one  of  the 
Masters  of  this  honorable  Court  to  approve  of  three  or  more  fit 
persons  to  be  Trustees  of  the  trust  estate,  funds,  and  premises,  ia 
the  place  and  stead  of  Plaintiff;  and  that  Plaintiif  may  be  at  liberty 
to  assign,  transfer,  and  convey  the  said  trust  estates  and  premises 
unto  such  new  Trustees,  when  approved  of  by  this  honorable  Court  ^ 
and  dial  PlainiilT  may  be  indemnified  in  so  doing,  by  the  orders 
and  directions  of  this  Court,  and  may  retain  or  be  allowed  out  of 
the  trust  monies  now  in  his  hands,  or  which  shall  hereafter  come  to 
his  hands,  all  and  every  his  reasonable  costs  and  charges  in  and 
about  the  premises  aforesaid,  or  that  he  may  be  paid  the  same  by 
the  said  Defendant  E.  J.  and  tliat,  in  the  mean  time  some  proper 
person  may  be  appointed  by  this  honorable  Court  receiver  of  the 
rents  and  profits  of  the  said  trust  estates,  and  that  the  necessary 
directions  may  be  given  in  that  behalf;  and  that  the  said  E.  J.  may 
be  restrained  by  the  orders  and  injunctions  of  this  honorable  Court, 
tVom  all  furUier  and  other  proceedings  at  law,  against  the  tenants  of 
the  said  trust  estates,  or  any  of  them,  and  from  any  further  receipt 
of  the  rents  and  profits  thereof,  or  otherwise  intermeddling  with 
the  trust  estates,  monies,  and  premises.     And  for  further  relief. 

T.N. 


^ill  by  Husband  and  Wife  against  the  Trustees  of  their 
Mania<re  Settlement^  to  have  the  Portion  raised  for 
younger  Children  paid. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator  and 
Oratrix  C.  C.  of  ,  esq.  and  the  honorable  C.  G.  H.  late  C.  Cf.  II.  F. 
his  wife,  and  your  Oratrixes  — C.  —  C.  —  C.  infants  under  the  age  of 
twenty-one  years,  by  your  Orator,  their  father  and  next  friend,  that  the 
rigljt  honorable  T.  Lord  F.  late  grandfuther  of  the  right  honorable  T. 
now  lord  F.  one  of  the  Defendants  hereinafter  named,  was,  in  his  life- 
time, and  at  the  time  of  making  his  will  hereinafter  mentioned,  and  at 
the  lime  of  his  death,  seised  or  well  entitled  in  fee-simple  of  or  to  divers 
messuages,  manors,  lands,  tenements,  and  hereditaments,  situate  and 
bjiing  in  the  several  counties  of  \V.,  S.,  M.,  S.,  and  IL,  which  were  of 
very  considerable  annual  value,  and  had  been  devised  to  him  by  the  will 
of  T.  then  laic  lord  F.  deceased.     A\m\  being  so  seised  and  entitled? 


BILLS    FOR   AND    AGAINST    TRUSTEES.  125 

and  being  of  sound  and  disposing  mind,  memory,  and  understanding,  the 
said  T.  lord  F  the  grandfather  of  the  said  Defendant  lord  F.  on  or 
about  the         day  of  ,  made  his  last  will  and  testament  in  writing, 

of  that  date,  (which  was  duly  signed  and  published  by  him,  and  attested, 
as  by  law  is  required  in  cases  of  devises  of  real  estates,)  and  thereby 
gave  and  devised  all  that  the  manor  or  lordship  and  capital  messuage 
called  ,  and  all  other  the  messuages,  manors,  lands,  tenements, 

and  hereditaments,  late  belone;ing  to  T.  lord  F.  deceased,  which  he 
was  entitled  to  under  his  lordship's  will,  or  otherwise,  in  the  counties 
of  W.,  S.,  PI.,  S.,  and  II.,  or  either  of  them,  (except  the  manor  of 
M.,  in  the  said  county  of  W.)  and  also  all  messuages,  lands,  tene- 
ments, and  hereditaments,  part  or  parcel  thereof,  or  at  any  time  pur- 
chased of  the  then  late  lord  M.  together  with  such  other  estates  then 
late  the  property  of  the  said  T.  lord  F.  as  were  thereinafter  otherwise 
devised,  with  their  rights  and  appurtenances,  whether  freehold,  leasehold.,, 
or  copyhold,  (subject  nevertheless  to  the  charge  thereinafter  mentioned, 
for  making  up  the  deficiency,  if  any  should  arise  in  paying  his  legacies 
therein  mentioned,  and  all  which  legacies  have  been  paid,)  to  the  use  of 
his  brother  R.  F.  and  his  steward  A.  T.  their  executors,  administrators, 
and   assigns,   for   the    term   of  years,   without   impeachment    of 

waste,  upon  trust  for  payment  of  certain  debts  and  sums  of  money  as 
therein  mentioned;  and  after  the  determination  of  the  said  term,  to  the 
use  of  his  eldest  son,  T.  F.  and  his  assigns  for  life ;  and  after  the  deter- 
mination of  that  estate  to  the  use  of  the  right  honorable  E.  earl  of  O: 
and  earl  M.  and  the  right  honorable  T.  lord  viscount  W.  and  their 
heirs,  during  the  life  of  the  said  T.  F.  in  trust  to  preserve  the  contingent 
remainders,  and  from  and  after  the  death  of  the  said  T.  F.  to  the  use  of 
J.  H.  and  the  Rev.  R.  F.  clerk,  their  executors,  administrators,  and  as- 
signs, for  the  term  of  years,  without  impeachment  of  waste,  upon 
certain  trusts,  which  are  all  now  satisfied  ;  and  after  the  determination  of 
that  estate,  to  the  use  of  R.  B.  and  the  Bev  T.  W.  clerk,  their  execu- 
tors, administrators,  and  assigns,  for  a  term  of  years  to  commence 
from  the  day  of  the  decease  of  his  said  son  T.  F.  in  trust  by  and  out  of 
the  rents  and  profits  of  the  same  manors,  hereditaments,  and  premises, 
or  by  sale  or  mortgage  thereof,  to  raise  any  sums  of  money  not  exceed- 
ing, in  the  whole  the  sum  o(  £  ,  for  and  towards  the  portion  and 
provision  of  all  and  every  the  younger  child  and  chikhen  of  the  said 
T.  F.  for  such  estates,  in  such  proportions,  under  such  restrictions,  and 
to  be  paid  to  him,  her,  or  them,  at  such  time  and  times,  with  such  inte- 
rest or  maintenance  as  the  said  T.  F.  should  by  deed  or  will,  or  appoint- 
ment, executed  as  therein  mentioned,  appoint;  and  for  want  of  such 
appointment,  to  be  equally  divided  between,  if  more  than  one,  share  and 
share  alike.  And  after  the  determination  of  the  said  term  of  years, 
io  the  use  of  the  first  and  other  sons  of  the  said  T.  F.  in  tail  male,  with 


126  BILLS  FOR  AND  AGAINST  TRUSTEES. 

divers  remainders  over.  And  the  said  Testator's  will  was,  that  all  the 
messuages  or  tenements  which  he  held  by  lease  from  the  trustees  or  devi- 
sees of  the  then  late  countess  dowager  of  O.  in  the  county  of  M.  with 
their  appurtenances,  should  go  and  be  enjoyed  by  his  said  trubtecs,  and  such 
person  and  persons,  upon  such  uses,  and  for  such  purposes,  as  the  manor 
of  W.  and  other  the  estates  of  the  said  T.  lord  F.  deceased,  therein- 
before limited,  as  far  as  the  nature  thereof  would  admit:  and  he  j.'ave  all 
other  the  leasehold  estates,  late  of  tlie  said  T.  lord  F.  which  he  was  en- 
titled unto  by  virtue  of  his  lordship's  said  will,  to  the  said  R.  F.  and  A.  T. 
their  executors,  administrators,  and  assigns  for  and  upon  the  same  uses 
and  purposes  as  the  said  manor  of  W.,  and  other  the  estates  of  the 
said  T.  lord  F.  as  thereinbefore  limited,  or  as  near  as  by  the  tenure 
thereof  the  same  could  be  limited,  with  the  power  of  ren*^wing  such  of 
the  said  leases  as  were  renewable.  And  the  said  Testator  afterwards  duly 
made  a  codicil  to  his  said  will,  whereby,  after  taking  notice  of  the  death 
of  the  said  A.  T.  he  appointed  his  son  A.  F.  a  Trustee  in  his  stead,  as  by 
the  said  will  and  codicil,  to  which  your  Orator  and  Oratrixes  crave  leave 
to  refer,  when  produced,  will  appear.  And  3'our  Orator  and  Oratrixes 
further  shew  unto  your  Lordship,  that  the  said  Testator  departed  this 
life  sometime  after  having  made  his  said  will  and  codicil,  without  having 
revoked  or  altered  the  same,  save  as  the  said  will  is  altered  by  the  said 
codicil,  and  the  said  Testator  left  T.  lord  F.  since  deceased,  his  eldest 
son  and  heir,  who  became  entitled  to  an  estate  for  life  in  the  said  pre- 
mises devised  to  him  as  aforesaid,  subject  to  the  trusts  of  the  said  term 
of  years.  And  the  said  T.  lord  F.  the  son,  afterwards  departed  this 
life  in  the  year  ,  leaving  T.  now  lord  F.  one  of  the  Defendants  here- 
inafter named,  his  only  son,  and  also  leaving  your  Oratrix  C.  G.  H.  now 
the  wife  of  your  Orator,  his  only  daughter  and  younger  child  ;  and  he  did 
not  in  his  hfe-time  make  any  appointment  afl'ecting  the  said  sum  of  £ 
And  the  said  Defendant  T.  lord  F.  upon  the  death  of  his  said  father, 
and  by  virtue  of  the  aforesaid  will,  became  entitled  to  all  the  said  de- 
vised premises,  as  tenant  in  tail,  subject  to  the  said  tf  rm  of  years,  and 
subject  to  the  said  term  of  years,  ujx>n  the  trusts  of  the  said  other 

term  of  years,  having  been  duly  satisfied.     And  your  Oratrix 

C.  G.  II.  F.  as  the  only  daughter  of  her  said  father  T.  lord  F.  became 
entitled  to  have  the  sum  of  £  raised  upon  the   said  devised  pre- 

mises, by  virtue  of  the  trusts  of  the  said  term  of  years.     And  your 

Orator  and  Oratrixes  further  shew  unto  your  Lordship,  that  your  Orator 
intermarried  with  your  Oratrix  C.  G.  IL  some  time  in  or  about  the 
month  of  ,  and  by  a  certain  indenture  of  four  parts,  bearing  date 

the         day  of  ,  and  made  between  your  Orator  of  the  first  part, 

your  Oratrix  C.  G.  H.  of  the  second  part,  the  honorable  E.  F,  of  S. 
in  the  county  of  II.  and  the  honorable  E.  F.  of  of  the  tliird  part, 

f\nd  the  said  R.  D.  the  surviving  trustee  in  the  before-mentioned  term  of 


BILLS  FOR  AND  AGAINS.T  TRUSTEES.  12S' 

years,  of  the  fourth  part,  (being  a  deed  to  assign  over  the  said  term 
of  years  to  your  Orator,  for  securing  the  said  sum  of  £  ,) 

[state  the  deed;']  and  by  a  certain  other  indenture  of  three  parts,  bearing 
even  date  with  the  preceding  indenture,  and  made  between  your  Orator 
of  the  first  part,  your  Oratrix  C.  G.  H.  of  the  second  part,  and  the 
said  E.  F.  A.  F.  and  E.  C.  of  ,  esq.  and  J.  D.  of  in  the 

county  of  M.  esq.  of  the  third  part  (whereby  the  said  sum  of  £ 
was  settled  upon  the  younger  children  which  should  be  of  the  marriage 
of  your  Orator  and  Oratrix,  Istate  the  deed;]  and  by  a  certain  other  in- 
denture bearing  date  the  day  of  ,  and  made  between  the  said 
R.  B.  of  the  one  part,  and  your  Orator  and  Oratrix  C.  G.  H.  his  wife, 
of  the  other  part  (the  said  term  of  years  was  assigned  by  B.  by 
way  of  mortgage)  [state  this  deed ;]  and  by  a  certain  other  indenture, 
bearing  dale  the  day  of  ,  and  made  between  your  Orator  of 
the  one  part,  and  the  said  E.  F.  A,  F.  E.  C.  and  J.  D.  of  the  other  part 
(whereby  the  premises  comprised  in  the  years  term,  and  the 
>said  £  was  assigned  to  the  trustees  as  aforesaid,)  [state  this  also  ;] 
as  by  the  said  several  indentures,  to  which  your  Orator  and  Oratrixes 
crave  leave  to  refer,  when  produced,  will  appear.  And  your  Orator  and 
Oratrixes  further  shew  unto  your  Lordship,  that  by  virtue  of  the  said 
several  indentures,  your  Orator  is  become  entitled  to  the  interest  of  the 
said  sum  of  ct"  for  his  life,  and  after  your  Orator's  death,  the  said 
principal  sum  will  become  the  property  of  your  Orator's  younger  chil- 
dren by  your  Oratrix  his  wife ;  and  in  default  of  such  younger  children, 
the  same  will  become  the  absolute  property  of  your  Orator.  And  your 
Oratrixes  —  C.  —  C.  and  C.  are  as  yet  the  only  children  of  the  said 
marriage.  And  your  Orator  and  Oratrixes  further  shew,  that  no  pay- 
ment hath  been  made  to  your  Orator  in  respect  of  the  interest  of  the  said 
sum  of  £  accrued  due  since  the  said  marriage,  but  the  whole  of 
such  interest  now  remains  due  and  owing  to  your  Orator,  although  the 
interest  made  payable  lor  the  said  sum  of  £  is  at  the  rate  of  4 
per  cent.  only.  And  your  Orator  being  desirous  of  having  the  arrears  of 
the  said  interest  paid  him,  and  of  making  a  larger  interest  of  the  said 
money  which  he  would  be  entitled  to  do,  in  case  the  same  were  raised 
and  paid  upon  the  trusts  of  the  said  indenture  of  settlement,  your  Orator 
hath  therefore,  with  the  consent  and  approbation  of  your  Oratrix  C.  G.  H. 
his  wife  caused  applications  to  be  made  to  the  said  A.  F.  E.  F.  E.  C. 
and  J.  D.  respectively,  the  Trustees  in  whom  the  said  term  of  years  is 
now  vested,  and  duly  required  them  to  take  proper  measures  for  raising 
the  said  sum  of  £  and  the  interest  due  for  the  same,  or  at  least  to 
procure  the  'mtcvesr-oi  the  said  sum  of  £  to  be  raised  to  5  per 
cent,  per  annum,  and  to  be  regularly  paid,  in  which  case  your  Orator 
w-ould  have  been  sali-sfted.  and  hath  ofiefed  to  let  the  said  money  remain 


i<28  BILLS  rOR  AND  AGAINST  TRUSTEE^. 

upon  the  said  original  security.  And  your  Orator  and  Oratrixes  hoped 
tliat  such  requests  uould  have  been  complied  with,  as  in  justice  and 
equity  ought  to  iiave  been  the  case.  But  now  so  it  is,  may  it  please  your 
Lordship,  that  the  said  A.  F.  E.  F.  E.  C.  and  J.  D.  in  concert  with  the 
said  T.  now  lord  F.  who  is  an  infant  under  the  age  of  twenty-one  years, 
have  refused,  and  now  refuse,  to  take  any  measures  for  raising  the  said 
sum  of  oC  and  the  arrears  of  interest  due  thereon,  or  for  procuring 

the  interest  of  the  said  money  to  be  raised  to  5  per  cent,  per  annum. 
And  the  said  Defendants  allege  that  they  cannot  safely  proceed  in  rais- 
ing the  said  money,  or  in  raising  the  said  interest  by  reason  of  the  infancy 
of  the  said  Defendant  lord  F. ;  and  sometimes  they  allege  that  the  said 
money  cannot  be  raised  by  means  of  the  said  term  of  years,  by  reason 

that  the  trusts  of  the  said  term  of  3'ears  are  not  all  as  yet  fully  per- 

formed, whereas  your  Orator  charges,  that  the  said  term  of  years 

ought  not  to  be  considered  as  an  impediment  to  raising  the  said  sum  of 
£  ,  inasmuch  as  the  said  term  of  years  is  of  sufficient  value 

to  raise  the  said  sum  of  ^^  ,  in  case  the  same  were  sold  expressly 

subject  to  the  said  term  of  years,  and  the  same  ought  to  be  done, 

or  else  the  equity  of  redemption  of  the  said  T.  lord  F.  in  the  premises 
ought  to  be  foreclosed  for  the  remainder  of  the  said  term  of  years, 

for  the  benefit  of  tiie  persons  interested  in  the  said  sum  of  £  j 

but  the  said  Trustees,  as  well  as  the  said  T.  lord  F.  make  various  objec- 
tions thereto.  In  consideration  whereof,  and  forasmuch  as  your  Orator 
and  Oratrixes  are  remediless  in  the  premises  at  the  common  law,  and 
cannot  have  relief  therein  but  by  the  aid  of  a  Court  of  equity,  where 
matters  of  this  nature  are  properly  cognizable  and  relievable,  to  the  end 
therefore  that  the  said  Defendants  A.  F.  E.  F,  E,  C.  and  J.  D.  upon 
their  several  and  respective  corporal  oaths,  and  the  said  T.  lord  F.  upon 
his  attestation  upon  honor,  may  full,  true,  perfect,  and  distinct  answer 
make,  to  all  the  matters  aforesaid,  to  the  best  and  utmost  of  their  re- 
spective knowledges,  remembrances,  informatiotis,  and  beliefs ;  and  that 
as  fully  a's  if  the  same  were  here  repeated,  and  they  thereunto  severally 
and  distinctly  interrogated,  and  more  especially  that  they  may  severally 
answer  and  set  forth,  in  manner  aforesaid,  whether,  Sec.  (Jnterrogatt  to 
each  fact  ««  stated  in  the  bill.) 

Prayer. 

And  that  an  arcoiint  may  be  taken  by  and  under  the  direction  and 
decree  of  this  honorable  Court,  of  the  principal  and  interest  due  and 
owing  on  the  aforesaid  security  of  the  premises  comprised  in  the 
said  term  of  years.     And  that,  what  shall  be  coming  from 

such   account  may  be  paid   by  the  said  Defendant  T.  lord  F.  to 
the  said  other  Defendants,  upon  the  trusts  of  the  said  settlement, 


BILLS    FOR    AND    AGAINST    TRUSTEES.  129 

and  by  a  short  time  to  be  ap[x)inted  for  thai  purpose,  or  in  default 
thereof,  that  the  said  Defendant  T.  lord  F.,  and  all  persons 
entitled  to  redeem  the  said  premises,  by  virtue  of  the  said, indenture 
of  the  day  of  may  be  debarred  and  foreclosed  of 

and  from  all  light  and  equity  of  redemption  of  and  in  the  said  pre- 
mises comprised  in  the  said  term  of  years  ;  or  that  what  shall 
be  coming  from  the  aforesaid  account,  may  be  raised  by  .^ale  of  a 
sufiicieiit  part  of  the  said  premises  comprised  in  the  said  term 
of  years.  And  that  all  proper  parties  may  join  in  such  sale. 
And  that  such  money  when  raised,  may  be  paid  to  the  said  De- 
fendants the  Trustees,  upon  the  trusts  of  the  said  settlement.  And 
that  the  said  Trustees  may  be  directed  to  pay  to  your  Orator  what  shall 
appear  to  be  coming  for  arrears  of  interest  of  the  said  sum  of  <£ 
out  of  the  said  money  when  paid  to  them  as  aforesaid.  And  that 
your  Orator  and  Oratrixes  may  have  such  further  or  other  relief  in 
the  premises,  as  to  your  Lordship  shall  seem  meet,  and  this  case 
may  reouirc.     Mav  it  please,  &c. 

R.  S. 


Bill  against  Trustees  for  selling  out  Stock  in  their  Names, 
under  a  Settlement,  which  being  in  their  Custody,  Plain- 
tiff cannot  set  it  out  more  fully,  Account  of  the  Di- 
vidends, and  Injunction  from  selling  the  Remainder, 
Bank  a  Party, 

Humbly  complaining,  Sec.  your  Orator,  J.  R.  of  &c.  that  D.  M. 
widow,  late  the  wife  of  your  Orator,  and  before  her  marriage  with  your 
Orator,  the  wife  of  J.  H.  intermarried  in  or  about,  &c.  with  J.  H.,  and 
that  previous  to  her  marriage  with  the  said  J.  H.  the  said  D.  M.  was 
possessed  of  or  entitled  to  £  5  per  cent.  Annuities,  or  some  such 

or  the  like  sum  or  sums  of  the  public  stocks  or  funds  which  was  standing 
in  her  name  in  the  books  of  the  Governor  and  Company  of  the  Bank  of 
England,  and  that  on  or  previous  to  the  said  marriage  some  settlement 
was  made  of  such  stock,  by  which  in  the  event  of  the  said  D.  M.  mar- 
vying  the  said  J.  H.,  and  there  being  no  issue  of  the  said  marriage,  such 
stock  was  to  be  or  become  the  j)roperty  of  the  said  D.  M.,  and  the  said 
stock  was  accordingly  transferred  in  the  names  of  W.  T.  late  of,  &:c.  de- 
ceased, and  of  li.  N.  of,  &c.  one  of  the  Defendants  hereinafter  named, 
upon  the  trusts  of  such  settlement,  but  which  settlement,  or  a  copy  thereof, 
is  in  the  possession  or  power  of  the  Defendants  hereinafter  named, 
or  some  of  them,  who  refuse  to  produce  the  same,  or  to  set  forth  what  is 
become  thereof,  that  your  Orator  is  unable  more  particularlv  to  sot  forth 

18 


130  BILLS    FOR    AND     VGAlNbl    TUL.^TEEs. 

the  coiitOTts  thereof.     And  your,  &c.  that  the  said  J.   II.  died  in  the 
life-time  of  the  said  D.  M.  without  issue  by  the  said  D.  M.,  and  that  on  or 
about,  Sec.  the  said  D.  M.  intermarried  with  your  Orator,  and  lliat 
she  departed  this  life  on  or  about,  Sec.  and  that  your  Orator  hath  pro- 
cured letters  of  administration  of  the  personal  estate  and  eflects  of  the 
said  D.  his  wife,  to-be  granted  to  him  by  the  Prerogative  Court  of  Can- 
terbury, and  thereby  your  Orator  became  entitled  to  the  said  £ 
5  per  cent.  Annuities.     And  your,   &c.  that  the  said  W.  T.  is  long 
since  dead,  and  the  said   B.   N.  has  transferred  the  said  stock  into  the 
names  of  himself  and  T.  T.  ot',  Ac.  a  Defendant  licreinafter  named,  and 
the  said  T.  T.  and  B.  N.  have  sold  out  £         part  of  the  said  £ 
stock,  and  converted  the  monies  arising  from  the  sale  thereof  to  their 
own  use  and  the  remaining  £         stock  is  now  standing  in  the  names  of 
the  said  B.  N.  and  T.  T.  in  the  books  of  the  Governor  and  Company  of 
the  Bank  of  England  ;  but  they  intend  to  sell  out  the  remaining  £ 
stock.     And  your,  &c.  that  the  said  T.  T.  and  B.  N.  have  received  divers 
sums  of  money  in  respect  of  the  dividends  of  the  said  stock  which  they 
have  not  accounted  for  to  your  Orator,  nor  to  his  said  wife  in  her  life- 
time.    And  your  Orator  has   frequently  and  in   a  friendly  manner,  by 
himself  and  his  agents,  applied  to  the  said  T.  T.  and  B.  N.  and  have  re- 
quested them  to  transfer  to  your  Orator  so  much  of  the  said  stock  to  which 
the  said  D.  the  wife  of  your  Orator,  was  entitled  as  aforesaid,  as  now 
remains  standing  in  their  names,  and  to  account  with  your  Orator  for  all 
and  every  the  sum  and  sums  of  money  received  by  them  or  either  of  them 
in  respect  of  the  dividends  of  the  said  stock  whicii  was  not  paid  over  to 
the  said  D.  in   her  life-time,  and  in   respect  of  the  said  stock  which 
hath  been  sold  by  them  as  aforesaid,  and  for  the  interest  thereof,  and  the 
dividends  which  might  have  been  made  thereof,  or  to  replace  such  stock 
so  sold  out  by  them.     And  your  Orator  well  hoped.  Sec.      But  now,  «&c. 
sometimes  preicnd,  that  the  said   D.  M.  afterwards  the  wife  of  your 
Orator,  was  not  at  any  time  possessed  of  any  such  stock  as  aforesaid,  and 
that  they  do  not  in  any  manner  chiim  the  same  from  her,  or  any  person 
claiming  from  her,  or  that  if  they  do,  tliat  the  same  hath  been  settled  iu 
such  manner,  that  your  Orator  hath  no  interest  therein,  but  that  the  same 
is  vested  in  them  or  one  of  them,  for  their  own  use  and  benefit ;  whereas 
your  Orator  expressly  ciiargcs  tiie  contrary  of  such  pretence  to  be  true. 
And  that  tiie  said  1).  .M.  afterwards  the  wife  of  your  Orator,  was  possessed 
of,  or  entitled  to  stock  as  aforesaid,  which  became  vested  in  the  said  T.  T. 
and  B.  N.  in  manner  and  upon  tlie  trusts  aforesaid,  or  upon  such  or  the 
like  trusts,  under  which  your  Orator  is  now  entitled  to  the  some,  and  so 
it  would  apprar  if  ihey  would  set  forth  the  date   and  particulars  of  the 
settlement  whiili   they  allc'Ho  was  made  thereof,  and  how  they  make 
out  their  title  to  the  same,  and  would  produce  and  leave  such  settlement 


BILLS    FOR    AND    AGAINST    TRUSTEES.  131 

which  they  allege  was  made  thereof,  in  the  hands  of  their  clerk  in  Court 
in  this  cause  for  the  usual  purposes,  but  which  they  refuse  to  do.  And 
they  threaten  and  intend,  unless  restrained  by  an  injunction  of  this  honor- 
able Court  to  sell  out  the  residue  of  such  stock.  And  the  Governor  and 
Company  of  the  Bank  of  England,  intend  to  permit  such  transfer,  and 
if  the  same  be  sold  out,  the  money  arising  from  the  sale  thereof,  will 
be  lost.     All  which,  Sec.     To  the  end.  I'v'c. 

Prayer. 

And  that  an  account  may  be  taken  under  the  direction  of  this  honor- 
able Court,  of  the  said  monies  wliich  have  been  received  by  the  said 
T,  T.  and  B.  N.,  or  by  their  or  either  of  their  order  or  for  their  or 
either  of  their  use,  which  have  not  been  duly  accounted  for  and  paid 
over  by  them.  And  that  they  may  be  decreed  to  answer  and  satisfy 
to  your  Orator  what  shall  be  found  due  to  him  on  taking  such  ac- 
count as  aforesaid.  And  also  the  monies  which  they  have  received 
on  account  of  the  stocks,  so  improperly  sold  by  them  as  aforesaid, 
or  to  replace  such  stocks  and  to  transfer  the  same,  and  the  stocks 
which  now  remain  standing  in  their  names,  to  your  Orator,  and  that 
the  said  T.  T.  and  B.  N.  may  be  restrained  by  an  injunction  of 
this  honorable  Court,  from  transferring  the  said  sum  of  £ 
ov  £  5  per  cent,  or  such  other  stocks  as  now  stand  in 

their  names,  and  which  the  said  D.  M.  afterwards  the  wife  of  youi* 
Orator,  was  entitled  as  aforesaid.  And  that  the  Governor  and 
Company  of  the  Bank  of  England  may  be  restrained  by  the  like 
injunction  from  uermitting  any  such  transfer.  And  for  further 
relief. 

T.  B. 


152 


SEC.   V. — BILLS    KUK.    SHIP    ASSURANCJt;. 


BUI  hij  Underwriters,  fir  a   Fraud  practised  vpon  them 
in  representation  of  the    Voijas;e,    the   Policy  was  from 
to  ,  and  the  Assured  brought  an  Action 

for  a  total  Loss  on  that    Voyage,  when  in  fact  the  Ship^s 
destined  Voyage  was  to  ,  tvhere  she  arrived,  and 

was  sold  with  her  Cargo, 

States  tliat  W.  W.,  of,  «!v-c.  alone  or  jointly  with  soinc  other  ))crsons,  was 
or  were  or  pretended  to  be  before  and  at  the  time  of  the  making  tlie  insur- 
ance after-mentioned  owners  of  a  certJ'.in  merrliant  ship  or  vessel  callrd;, 
the  and  they  or  one  of  them,  particularly  the  said  VV.  W.  or  I.  B.  and 
T.  G.  of  the  city  of  .  insurance  brokers,  and  co-partners,  as  apents 
for  and  on  tlie  belialf  of  the  owners  or  owner  of  the  said  ship,  on  or  about, 
&c.  caused  a  policy  of  insurance  to  be  opened  at  the  citv  of  on  the 

said  ship  and  her  cargo,  against  the  danger  of  the  sea  and  capture  of 

any  foreign  enemy, on  a  voyage  to  be  by  the  said  ship  from  the  ])oit  of 
to  and  which  voyage  it  was  upon  such  occasion  pretended  that 

the  said  ship  was  immediately  to  make,  and  such  insurance  was  accord- 
ingly effected  at  the  city  of  .  on  or  about,  &rc.  and  amongst  other 
persons  who  underwrote  or  subscribed  the  said  policy,  your  Orators 
respectively  underwrote  the  same  for  the  sum  of  £  each,  at  or  after 
(he  premium  of  guineas,  per  cent,  to  return  5  per  cent,  for  having 
departed  witli  the  West  India  convoy,  if  arrived,  i.  e.  to  IMaintifl'  T.  11.  the 
respective  sums  of  £  each  upon  the  said  ship,  which  was  valued  in 
(he  said  policy  nt£  ,  and  the  rest  of  Plainti/Ts  the  like  sura  of  £ 
upon  the  cargo  on  board  the  said  ship,  as  in  and  by,  &:c. 

That  notwithstanding  the  representa'.'on  made  to  Plaintiffs  at  the  time 
of  making  the  aforesaid  insurance  to  the  j)ort  of  the  said  ship's  destina- 
tion, tlie  voyage  really  intended  to  be  made  by  her  was  not  from  the  port 
of  ,  as  mentioned  and  expressed  in  the   said  policy,  but  from  the 

port  of  to  ,  or  some  other  port  in  ,  or  to  some  other 

ilifferent  port  or  place  than  .     And  Plaintiffs  having  been  deceived 

and  imposed  upon  by  such  untrue  representations  of  the  said  ship's  in- 
fended  voyae< ,  the  said  insurance  was  fraudulent,  and  therefore  the  said 
policy  was  mil!  and  void. 

That  the  said  ship  aflrrwards  sailed  from  tlie  port  of  with  some 

'■'tlier  ships  which  were  to  proceed  under  convoy  for  ,  but  the  said 

-hip  soon  after  quitted  the  sai<l  fleet  and  convoy,  and  deviated  from 


BILLS  FOR    SHIP    ASSURANCE.  133 

the  regular  cojirso  or  track  of  such  a  voyage,  and  proceeded  to  some 
other  port  or  place,  not  specified  or  mentioned  in  the  said  policy  of  in- 
sarance,  particularly  to  the  port  of  or  some  other  port  or  place  in 

where  the  said  sliip  and  her  cargo  was  sold  for  a  large  sum  of 
raone}^  in  the  wliole,  and  which  was  afterwards  received  by  the  said 
VV.  W.  and  t!ie  other  joint  owners  of  the  ship,  or  some  or  one  of  ihem. 

That  Plaintiffs  well  hoped,  under  the  circumstances  aforesaid,  (hey 
should  not  have  been  called  upon  for  the  payment  of  any  sums  of  money 
whatsoever,  on  account  of  their  having  subscribed  or  underwrote  the 
aforesaid  policy  of  insurance. 

IJut  now,  &c.  the  said  confederates  at  some  times  pretend  that  the  in- 
surance was  not  made  rraudiilenlly  or  unfairly,  and  that  Plaintiffs  were 
ttot  in  any  manner  imposed  upon  therein,  and  that  the  voyage  actually 
intended  to  be  made  by  the  ship  ,  was   the  voyage  particularly 

mentioned  and  specified  in  the  said  policy,  viz.  from   the  port  of 
to  ,  and  that  she  never  made  any  deviation  therefrom.     And  they 

also  at  some  limes  pretend  that  the  said  ship  was  lost  or  foundered  at 
sea  in  the  regular  course  or  track  of  the  said  voyage.  And  at  other  times 
they  give  out,  that  the  said  ship  was  in  course  of  her  voyage  captured  by 
the  enemy,  and  afterwards  condemned  as  lawful  prize,  and  that  for  some  ■ 
or  one  of  such  reasons,  Plaintiffs  and  the  several  other  underwriters  on 
said  policy  became  liable  to  pay  the  several  sums  insured  or  underwrote 
by  them  respectively  on  the  aforesaid  policy.  Charge  contrary.  And 
that  Plaintiffs  were  deceived  and  imposed  upon  in  manner  aforesaid 
respecting  the  place  or  port  of  the  said  ship's  destination,  for  that  the 
said  ship  was  at  the  time  and  upon  the  occasions  aforesaid  destined  or 
intended  for  a  voyage  to  or  some  other  port  in  ,  or  some 

other  port  or  place  in  .     And   Plaintiffs  charge  that  said  ship  in 

the  course  of  said  pretended  voyage,  separated  from  the  rest  of  the  ships 
or  fleet,  and  made  a  deviation,  and  proceeded  or  sailed  for  the  port  of 
,  or  some  other  port  or  place  in  ,  or  to  some  other  port  or 

place  different  from  the  port  of  destination  mentioned  in  the  said  polic}^, 
where  the  captain  or  some  other  persons  or  person  on  board,  sold  and 
disposed  of  said  ship  and  cargo  as  herein  before  is  mentioned,  and  that 
divers  remittances  were  afterwards  made  to  on  account  of  such 

sale,  or  the  produce  thereof,  to  the  said  confederates  the  owners  or  some 
or  one  of  them,  and  the  said  ship  and  cargo  were  so  sold  and  disposed  of, 
such  fraudulent  insurance  as  aforesaid  having  been  previously  made 
thereon,  pursuant  to,  and  in  consequence  of  some  plan  or  scheme,  con- 
certed or  contrived  between  the  said  confederates,  or  some  or  one  of  them, 
and  the  said  ,  tiie  captain,  or  to  which  they,  some  or  one  of  them 

were  or  was  privy,  and  that  it  was  never  meant,  intended,  or  understood  by 
and  between  the  said  confederates,  or  any  of  them,  that  said  ship  should 
perform  the  voyage  specified  or  mentioned  in  the  aforesaid  policy  of  in- 


13-i  BILLS    FOR    SHIP    ASSURANCE. 

surance,  or  proceed  to  And  Plaintiffs  moreover  charge,  that  said 

ship  was  not  lost,  captured  or,  taken  by  the  enemy,  or,  however,  not  in  the 
regular  course  or  track  of  a  voyage  from  to  as  mentioned  in 

the  said  policy  of  insurance.  And  as  evidence  thereof.  Plaintiffs  charge, 
that  the  said  captain  or  any  other  person  never  made  any  protest  of  the 
loss  or  capture  of  the  said  ship  as  is  usual  or  customaiy  in  such  cases, 
and  which  would  have  been  made  if  the  said  ship  had  actually  been 
lost  or  captured,  nor  was  the  said  ship  ever  condemned,  or  any  sentence 
of  condemnation  passed  upon  her  as  a  lawful  prize.  And  as  a  further 
evidence  of  the  aforesaid  deception  and  imposition,  Plaintiffs  charge, 
that  the  said  confederates  (the  insurance  brokers)  or  some  persons  by 
their  orders  or  directions,  or  with  their  privity  or  consent,  some  time  ni 
or  about  the  month  of  ,  in  the  year  of  ,  wrote  and  sent  a 

letter  to  their  agent  or  correspondent  at  ,  employed  by  them  to 

effect  the  aforesaid  insurance,  directing  him  to  apply  to  Plaintiffs  or  some 
other  of  the  underwriters  on  the  said  policy,  and  to  offer  to  cancel  the 
said  policy  upon  the  repayment  of  the  premiums  ;  and  such  a  proposition 
and  offer  was  also  made  by  the  direction  or  with  the  knowledge  of  the 
said  confederates,  (the  owners)  and  in  consequence  of  their  knowledge, 
conviction,  and  behef  that  the  said  insurance  was  fraudulently  and  un- 
fairly made  on  the  part  of  the  said  confederates  (the  owners,)  and  that  the 
underwriters  on  said  policy  were  deceived  or  imposed  upon  respecting 
the  port  of  her  destination,  and  that  the  said  ship  was  not  actually  lost  or 
captured,  and  that  for  such  or  some  other  reasons  the  said  policy  was 
null  and  void.  And  said  confederates  (the  owners)  of  said  ship,  had 
no  just  claim  or  demand  upon  the  underwriters  in  respect  of  the  sums 
insured  or  underwrote  thereon.  And  Plaintiffs  also  charge,  that  divers 
tetters  or  notes  have  been  written  and  sent  to,  or  received  by,  or  passed 
between  the  said  confederates,  or  some  or  one  of  them  and  their  corre- 
spondents or  agents  at  ,  or  the  persons  or  person  employed  by  them 
the  said  confederates,  or  some  or  one  of  them  in  or  about  the  making  the 
aforesaid  insurance;  and  the  said  ,  the  captain  of  the  said  ship, 

or  some  or  one  of  them,  relating  to  or  in  some  manner  concerning  the 
several  matters  and  things  hereinbefore  mentioned  and  inquired  after, 
particularly  the  making  of  the  aforesaid  insurance,  and  the  fraud  or  decep- 
tion practised  or  intended  to  be  practised  upon  Plaintiffs  and  the  under- 
writers of  said  policy,  and  which  said  letters  or  notes,  or  some  copies, 
abstracts,  or  extracts  thereof,  or  of  some  or  one  of  them,  together  with 
divers  other  papers,  memorandums,  or  other  writings  relating  to  the  mat- 
ters aforesaid,  are  now  or  late  were  in  the  custody,  possession  or  powen 
of  them,  said  confederates,  or  some  or  one  of  them.  And  Plaintiffs  also 
charge,  that  the  truth  of  the  several  matters  and  things  herein  before 
charged  and  set  forth,  and  particularly,  that  Plaintiffs  were  deceived  or 
imposed  upon  in  the  making  the  aforesaid  insurance,  and  that  the  said 


BILLS    FOR    SHIP    ASSURANCE.  135 

ship  was  not  lost  or  captured  :  and  that  the  said  confederates,  the  owners 
of  the  said  ship,  have  no  just  or  fair  demand  upon  Plaintifls  by  virtue  of 
or  under  the  aforesaid  poHcy,  would  appear  in  and  by  the  said  letters  and 
papers,  in  case  the  said  confederates  would  produce  the  same  ;  but  which 
they  refuse  to  do,  although  they  have  been  frequently  applied  unto  for 
that  purpose,  and  under  such  or  the  like  pretences  as  aforesaid,  or  some 
others  equally  unjust  or  unreasonable,  the  said  confederates  insist  on  the 
contrary.  And  said  confederates  W.  W.  hath  also  lately  commenced 
separate  actions  at  law  against  Plaintiffs  in  his  Majesty's  Court  of  King's 
Bench,  at  W.  to  recover  the  sums  repectively  underwrote  by  them  on 
the  said  policy,  and  he  threatens  to  proceed  to  judgment  and  execution 
thereon,  well  knowing  that  Plaintiffs  are  not  able  to  make  a  good  defence 
at  law  in  the  said  actions,  with  a  full  disclosure  and  discovery  of  the  seve- 
ral matters  aforesaid,  and  without  the  benefit  of  the  testimony  of  their 
witnesses,  who  reside  at  and  ,  and  other  parts  of 

,  and  also  in  other  parts  and  places  abroa<l,  and  who  could 
prove  the  truth  of  the  several  matters  and  things  herein  before  charged 
and  inquired  after.  And  confederates  refuse  to  discover  to  Plaintiffs,  the 
names  or  places  of  abode  of  the  other  persons  whom  they  at  some  times 
allege  to  be  joint  owners  with  them  of  the  said  ship.  All  which,  Sec. 
To  the  end  therefore,  &c.  and  more  especially  that  they  may  answer  all 
and  singular  the  matters  and  things  aforesaid  as  fully,  &c. (save  and  except, 
that  Plaintiffs  do  not  require,  but  hereby  wave  any  answer  from  Defen- 
dants to  any  of  the  facts  and  charges  herein  before  contained,)  which  might 
prove  or  discover,  that  they  carried  on  any  trade  or  commerce  with  the 
revolted  colonies  in  ,  or  had  any  unlawful  intercourse 

or  communion  with  any  persons  residing  therein,  and  more  particularly 
that  they  may  in  manner  aforesaid  answer  and  set  forth  whether,  &c. 

Prayer. 

And  that  Plaintiffs  may  have  a  full  disclosure  and  discovery  of  the 
several  matters  and  things  aforesaid.  An  injunction  against  W.  W. 
from  proceeding  in  his  actions  already  commenced,  and  that  he  and 
all  the  other  Defendants  may  in  Uke  manner  be  restrained  from  com- 
mencing or  prosecuting  any  other  actions  or  action,  or  in  any  other 
manner  proceeding  at  law  against  Plaintifls,  or  any  of  them,  touch- 
ing the  several  matters  and  things  aforesaid.  And  that  Plaintiffs 
may  have  one  or  more  commission  or  commissions  issuing  out  of, 
and  under  the  seal  of  this  honorable  Court  for  the  examination  of 
their  witnesses  at  and  ,  and  other  parts  of 

or  any  other  parts  or  places  abroad  as  there  may  be  occasion.     And 
that  Plaintiffs  may  have  their  testimony.     May  it  please,  &c. 

J  L. 


ISC  BILLS  FOK   SHIP  ASSUKANCL. 

Bill  by  Underwriters  against  Insurers  and  their  Agents. 

HumbU'  complaining,  &:c.  your  Orators,  Sec.  all  of  ,  merchanis 

and  underwriters,  that  E.  13.  D.  N.  and  I.  T,  of  the  city  of  , 

merchants,  trading  under  the  stile  and  firm  of  E.  B.  and  Co.  three  of  tiie 
Defendants  hereinafter  named,  in  or  about  the  month  of  ,  were 

or  pretended  to  be  interested  as  the  agents  of  I.   E.  then  residing  at 
the  ,  the  other  Defendant  hereto,  in  a  certain  <hipor  vessel 

called  tlie  ,  of  which  one  R.  C.  was  liio  master,  which  ship  was 

then  alleged  to  be  at  the  aforosaid.     And  your,  &c.  that 

in  the  said  month  of  ,  the  said  Defendants,  E.  IJ.  D.  N.  and 

I.  T.  under  the  name  and  stile  of  E.  B.  and  Co.  caused  a  policy  of  in- 
surance to  be  opened  in  the  said  city  of  ,  in  the  usual  form,  as 
well  in  their  own  names  as  for  and  in  the  name  or  names  of  all  and  every 
other  person  and  persons  to  whom  the  same  did,  might,  or  sliould  apper- 
tain in  part,  or  in  all,  for  assuring  the  said  ship  called  tlie  ,  at  the 
premium  of  10  guineas  per  cent,  lost  or  not  lost,  at  and  from  the 
to  the  ,  and  at  and  from  thence  to  ,  with  liberty  to 
touch  and  trade,  barter  and  exchange  the  property  at  the  aforesaid  places, 
or  at  any  ports  in  the  island  of  ,  and  to  touch  at  any  ports  of 
the  in  her  return,  and  from  thence  to  in  the 
And  it  was  declared,  that  the  said  ship  for  so  much  as  concerned  the 
assured  and  assurers  was  valued  at  £  .  And  your,  i.Vc.  that  your 
Orators  by  themselves  and  their  agents,  severally  underwrote  the  said 
policy  for  the  respective  suras  of  £  each,  and  your  Orator  the  said 
by  I.  R.  his  agent  in  that  behalf,  underwrote  the  same  for  the  sura  of 
£  .  And  your,  Sec.  that  the  said  E.  B.  D.  N.  and  I.  T.  in  or  about 
the  month  of  ,  were  or  pretended  to  be  also  intcrcsied 
as  the  agents  of  the  said  I.  E.  in  a  certain  other  ship  or  vessel  called 
the  ,  of  wliich  one  W.  was  then  master,  and  which  ship  was 
aI.-iO  alleged  to  be  at  tlie  aforesaid.  And  your  Orators  siiew, 
that  in  tlie  said  month  of  ,  the  said  E.  B.  D.  N.  and  I.  T. 
caused  another  policy  of  insurance  to  be  opened  in  the  said  city  of 
in  the  usual  form,  for  assuring  the  ship  or  vessel  called  the  ,  at  a 
premium  of  12  guineas  per  cent,  lost  or  not  lost,  at  and  from  the 
to  .  and  at  and  from  thence  to  or  any  port  or  ports  in 
the  island  of  ,  with  liberty  to  trade  there,  and  on  her  return  to 
touch  at  any  port  or  jiorts  of  the  ,  and  at  and  from  thence 
to  as  aforesaid  for  orders.  And  it  was  declared,  that  the  said  ship 
bv  agreement  should  be  valued  at  £  .  And  your  Orators  shew,  that 
vour  Orators  bv  themselves  or  their  agents,  severally  underwrote  ihe  said 
polic)  for  the  respective  sums  of  X  each,  and  your  Orator,  by  I.  V. 
his  agent,  underwrote  thf  jame  foi  tiie  sum  i<f  £           •  as  in  and  by  the 


BILLS  FOR  SHIP  ASSURANCE.  137 

said  policies  when  produced  to  this  honorable  Court  will  more  fully  and 
at  large  appear.  And  your,  &c.  that  the  said  Defendants  allege,  that 
the  said  ship  called  the  ,  sailed  from  the  aforesaid 

on  or  about  the  day  of  on  her  said  voyage,  in  the  said  writing 

or  policy  of  insurance  mentioned,  and  that  the  said  ship  hath  never  been 
heard  of  since  she  sailed  upon  the  said  voyage,  and  that  the  said  ship  or 
vessel,  whilst  sailing  and  proceeding  on  her  said  voyage,  in  the  said  writing 
or  policy  of  insurance  mentioned,  and  before  the  completion  thereof,  must 
have  been  lost  by  and  through  the  mere  perils  and  dangers  of  the  seas, 
and  by  strong  and  tempestuous  weather.  And  the  said  r>efendants  E.  B. 
D.  N.  and  I.  T.  have,  as  the  agents  of  the  said  I.  E.  upon  pretence  of 
such  allegation,  lately  demanded  from  your  Orators  respectively,  the  sums 
severally  underwritten  by  them  on  the  aforesaid  policy.  And  your,  &c. 
that  the  said  Defendants  also  allege,  that  the  said  ship  called  the 
sailed  from  the  in  the  month  of  ,  upon  her  said 

voyage  in  the  said  writing  or  policy  of  assurance  mentioned,  and  that  the 
said  ship  touched  at  son)e  place  on  the  coast  of  ,  and  went  from 

thence  to  ,  and  on  the  day  of  ,  sailed  from 

•on  her  return  to  the  ,  and  afterwards,  and  whilst  the  said 

ship  was  proceeding  on  her  said  voyage,  she  was  by  and  through  the  mere 
perils  and  dangers  of  tiie  seas,  and  by  stormy  and  tempestuous  weather,  so 
greatly  damaged  and  injured,  that  on  or  about  the  day  of  the  same 
month  of  she  was  compelled,  for  the  preservation  of  the  said 

ship,  to  put  into  some  port  in  the  of  ,  and  there  to  undergo  very 
heavy  and  expensive  repairs  to  the  amount  of  the  sums  insured  as  afore- 
said upon  the  said  ship.  And  the  said  Defendants  E.  B.  D.  N.  and 
I.  T.  have,  as  such  agents  as  aforesaid,  lately  demanded  from  your  Orators 
respectively,  the  sums  severally  underwritten  by  them  on  the  said  last 
mentioned  policy.  And  your,  &c.  that  upon  enquiring  into  the  several 
matters  aforesaid,  y^ur  Orators  have  discovered  that  the  said  Defendant 
I.  E.  was  a  merchant  or  trader,  residing  at  the  ,  and  for 

many  years  had  been  and  was  a  domiciled  subject  of  the  govern- 

ment there,  and  that  the  said  A.  E.  acting  as  the  consul  there, 

availed  himself  of  his  situation,  to  purchase  at  a  low  price  many  old  worn- 
out  and  crazy  vessels,  and  fitted  out  or  pretended  to  fit  the  same  out  for 
diflerent  voyages,  and  well  knowing  that  the  said  ships  were  not  sea- 
worthy caused  the  same,  and  the  cargoes  thereof,  to  be  insured  in  the 
eity  of  ,  at  high  prices.     And  in  particular  your  Orators  shew 

that  the  said  ships,  the  and  were  old  vessels,  and  worn 

out,  and  were  by  no  means  in  a  fit  state  or  condition  to  proceed  on  tlu: 
said  voyages  insured;  and  so  it  would, appear,  if  the  said  Defendants 
■would  set  forth,  when  and  where  the  said  ships  were  built,  and  when,  and 
tlom  whom,  and  at  wh;it  pi  ices  the  vaid  ship?  were  b(»iTcht  bv  ^hc  said 

19 


138  BILLS    FOR    SHIP    ASSLUANCF,. 

I.  E.  and  what  repairs  had  been  done  to  the  said  ships  respectively,  after  he 
piirthasrd  them,  and  what  moni<'s  had  been  expended,  and  what  was  tlie 
particuUir  state  of  the  repairs  of  the  said  ships  at  the  time  they  are  al- 
leged to  have  sailed  on  their  said  voyages,  and  by  whom  the  state  of 
their  repairs  had  been  surveyed,  before  they  sailed  upon  their  said  voy- 
ages, and  what  reports  were  thereupon  made  by  the  person  who  so  sur- 
veyed. And  your  Orators  shew,  that  if  the  said  ship  the 
did  in  fact  sail  from  the  ,  yet  she  did  not  sail 

on  the  said  voyage  insured  ;  and  so  it  would  appear  from  the  entries 
made  at  the  Custom  House,  or  other  proper  oiTice,  at  the 

on  her  clearance  out  from  the  said  port,  if  the  said  De- 
fendants would  set  forth,  or  otherwise,  such  entries  were  false  and  color- 
able, and  meant  to  disguise  and  conceal  tlie  true  destination  of  the  said 
ship  ;  and  the  master  of  the  said  ship  had  instructions  to  pursue  another 
and  a  different  voyage,  and  did,  in  fact,  deviate  from  the  voyage  insured  ; 
and  so  it  would  appear,  if  the  said  Delendant,  I.  ¥..  woukl  set  forth  all 
and  every  the  instructions  given  to  the  master  or  captain  of  the  said  ship, 
on  her  sailing  from  the  ,  and   all   and  every  the 

letters  and  letter  written  to  or  received  by  the  said  I.  E.  with  respect  to 
the  sailing  and  destination  of  the  said  ship.  And  your  Orators  shew, 
that  although  it  is  alleged  that  the  said  ship  the  has  never 

been  heard  of  since  she  sailed  on  her  said  voyage,  yet  the  said  Defendant, 
I.  E.  w-ell  knows  where  the  master  and  seamen,  who  were  on  board  the 
said  ship,  when  she  is  alleged  to  have  sailed  on  lior  said  voyage,  now 
are,  or  have  been,  since  the  alleged  time  of  her  saihng;  but  the  said 
Defendant  refuses  to  set  forth  the  names  of  such  master  and  seamen, 
or  to  make  any  discovery  with  respect  to  them,  in  order  that  your 
Orators  may  not  have  the  means  of  proving  the  sevcMul  matters  afore- 
said. And  your  Orators  shew,  that  if  in  fact  the  said  ship 
did  undergo  such  repairs  as  are  alleged  by  the  said  Defendants, 
sucli  rf'pairs,  or  the  greater  part  of  them,  were  made  jiccessary,  not  by 
anv  ptri'ss  of  wealiier  wliich  the  said  sliip  had  met  with  on  her  said 
voyage,  but  by  reason  that  she  was  not  sea-worthy  at  the  time  she  sailed 
from  as  aforesaid.     And  your  Orators  shew,  thai 

it  was  noftlic  intention  of  the  said  I.  E.  when  the  said  ship 
sailed  from  ,  aforesaid,  liiat  she  should 

adhere  to  the  voyage  insured,  and  ihe  said  shi|)  did,  in  fact,  before  slie  put 
into  as  aforesaid,  in  many  respects  d<  viate  from  the 

said  voyage  :  and  so  it  would  apjjear  if  the  saiil  Defendant  would  set 
forth  the  instructions  wiiich  were  given  to  the  master  or  captain  of  the 
said  ship,  and  the  par-ticular  trade  in  which  the  said  ship  was  meauttobo 
employrd  upon  tin-  said  voyage.  And  your  Orators  shew,  that  the  said 
1.  1".  was  an  alien  born,  and  was,  at  the  time  of  the  assurance  of  the  said 


HILLS    FOR    SHIP    ASSURANCE.  139 

ship?,  andhalli,  ever  since,  continued  to  be,  and  now  is,  a  domiciled  sub- 
ject of  the  persons  exercising  the  powers  of  government  at 
and  that,  at  the  time  of  the  h)ss  of  the  said  sliip  ,  if  the 

same  were  lost,  as  is  alleged,  and  at  the  time  the  said  ship 
put  into  the  as  aforesaid,  the  persons  exercising 

the  powers  of  governrnent  at  were,  and  now 

are,  enemies  of  our  king,  and  the  said  Defendant,  I.  E.  is  an  enemy  of 
our  king,  and  adhering  to  the  king's  enemies.  And  your  Orators  shew, 
that  after  the  said  ship  had  been  repaired  at  the  said 

she  sailed  from  thence,  and  was  soon  afterwards  ca{)lured  by  a  British 
vessel;  and  the  said  ship  and  cargo  hath  since  been  condemned  by  a 
Court  of  Admiralty  of  this  country,  as  Dutch  property ;  and  although 
the  said  Defendant,  I.  E.  not  only  made  such  assurances  as  aforesaid  on 
tlie  said  ship,  but  also  insured  the  sum  of  £  on  the  cargo  of  the 

said  ship,  yet  the  said  T.  E.  hath  submitted  to  such  sentence,  and  hath  in 
no  manner  appealed  therefrom.  And  3'our  Orators  further  siiew,  that 
the  said  defendants  well  know  where  the  master  and  seamen  of  the  said 
ships  are  now,  or  lately  were  to  be  found  or  heard  of,  and  ought  to  set 
forth  a  list  of  the  names  of  such  master  and  seamen,  and  where  they  are 
respectively  to  be  found.  And  your  Orators  shew,  that  they  have,  by 
themselves  and  their  agents,  repeatedly  applied  to  the  said  l^efendants, 
and  have  requested  them  to  deliver  up  to  your  Orators  tlie  said  policy  of 
assurance  to  be  cancelled.  And  your  Orators  well  hoped,  &c.  But 
now.  Sec.  And  the  said  Defendants,  E.  B.  D.  N.  and  I.  T.  as  the  agent 
of  the  said  other  Defendants,  I.  E.  have  actually  commenced  actions  at 
law  in  his  Majesty's  Court  of  King's  Bench,  against  your  Orators  re- 
spectively, in  order  to  recover  from  them  the  sums  respectively  under- 
written by  them  as  aforesaid.  And  the  said  Defendants  threaten  and  in- 
tend to  proceed  to  judgment  and  execution  against  your  Orators  respec- 
tively in  the  said  actions,  unless  they  are  restrained  therefrom  by  the  order 
and  injunction  of  this  honorable  Court.  And  your  Orators  charge,  that 
the  said  Defendants  have  respectively  written  to  each  other  divers  letters 
concerning,  or  in  some  manner,  or  in  some  passages  relating  to  the  in- 
surance of  the  said  ships  and  cargoes,  or  to  the  intended  voyage,  or  to 
their  state  and  condition  previous  to  the  alleged  commencement  of  the 
said  voyages,  or  to  the  alleged  loss   of  the  said  ship  ,  or 

to  the  alleged  damage  sustained  by  the  said  ship  ,  or  in 

some  manner,  or  in  some  passages  relating  to  the  matters  aforesaid,  or 
some  of  them  ;  and  the  said  Defendants,  £.  B.  D.  N.  and  I.  T.  have 
now,  or  have  had  in  their  custody  or  power,  all  and  every  the  letters  afore- 
said, or  copies  thereof,  and  also  divers  protests,  invoices,  bills  of  lading, 
surveys,  books,  instruments,  or  writings,  in  some  manner,  and  in  some 
parts,  concerning  or  relating  to  tlie  said  rnalK  rs,  or  some  of  ihem.  And 


140  BILLS    FOR    SHIP    ASSURANCE. 

your  Orators  charge,  that  it  would  appear,  upon  the  production  of  t(i<* 
said  letters,  protests,  invoices,  bills  of  lading,  surveys,  books,  papers,  in- 
struments, and  writings,  that  the  said  policies  of  assurance  ought  to  be 
delivered  up  to  your  Orators  respectively,  to  be  cancelled,  and  that 
the  said  Defendants,  E.  B.  &c.  ought  not  to  maintain  the  aforesaid 
actions  against  them  but  the  said  Defendants  refuse  to  produce  the 
same.  And  your  Orators  charge,  that  the  said  I.  E.  is  now  resident  at 
the  or  elsewhere,  out  of  the  jurisdiction  of  this  honorable 

Court.  And  your  Orators  charge,  that  they  were  unable  to  make  a  full 
defence  to  the  demands  of  the  said  Defendants,  in  respect  of  the  said 
policies  of  assurance,  without  the  testimony'  of  divers  persons  resident 
at  and  elsewhere,  out  of  the  jurisdiction  of  this 

honorable  Court.     All  which,  «i'c.     To  the  end,  &c. 


141 


SECT.  VI. PARTNEnSUlP  CONCERNS, 


Bill  by  one  Partner  a:o^ainst  another,  fur  an  Account  of 
Partnership  Transactions,  Drfindant  having  entered 
into  various  Speculations  without  Consent  of  the  other, 
and  then  ivanting  to  charge  the  Loss  of  such  Specula- 
tions to  the  Finn. 

Humbly  complainiiiG:,  sheweth  unto  your  Lordship,  your  Orator,  H.  B. 
of  &c.  carpenter  and  builder,  that  in  or  about  the  month  of 
your  Orator  agreed  with  W.  P.  of,  .vc.  carjienter  and  builder, the  Defendant 
herehiafter  named,  to  become  a  partner  with  him  in  his  said  trade  and  busi- 
ness, and  thereupon  a  certain  indenture  of  two  parts,  bearing  date  on  or 
about,  &c.  was  made  and  executed  by  and  between  your  Orator  and  the 
said  W.  P.  which,  among  other  things,  contained  in  the  words  and  figu-res 
following  ; — that  is  to  say,  Whereas,  &;c.  And  your,  &c.  that  the  said 
partnership  trade  and  business  was  accordingly  entered  upon  by  the  said 
W.  P.  and  your  Orator,  pursuant  to  the  provisions  of  the  said  indenture, 
and  the  same  hath  ever  since  continued,  and  now  continues.  And  your 
Orator  hath,  from  time  to  time,  in  all  things  duly  conlbrmed  to  the  stipu- 
lations and  agreements  in  the  said  indenture  contained.  And  yoiir,  &c. 
that  the  said  W.  P.  hath,  since  the  commencement  of  the  said  partner- 
ship, been  in  the  habit  of  receiving  all  large  sums  of  money,  and  of  draw- 
ing all  checks  and  bills  of  exchange  on  the  partnership  account ;  but  the 
said  W.  P.  hath  not  duly  and  regularly  entered  all  such  transactions  in 
the  partnership  books  of  account,  but  hath  entered  therein  only  a  small 
part  of  such  transactions,  and  hath  kept  your  Orator  in  ignorance  with 
regard  thereto;  and  the  said  W.  P.  hath  drawn  many  bills,  and  given 
many  acceptances  in  the  name  of  the  partnership  firm,  not  in  respect  of 
the  partnership  concerns,  but  for  his  own  private  purposes.  And  your, 
&c.  that  notwithstanding  the  provision  in  the  said  partnership  articles, 
that  the  partnership  accoimts  should  be  duly  stated  and  made  upon  the 
day  of  in  each  year,  yet  the  said  W.  P.  hath  not  yet  stated 

and  made  up  the  partnership  accounts  to  the  day  of 

although  he  hath  been  repeatedly  applied  to  for  that  purpose.  And 
your,  &c.  that  after  the  formation  of  the  said  partnership,  the  said  W.  P. 
without  consulting  or  communicating  with  your  Orator,  took  in  his  own 
name  certain  ground  and  premises  in  ,  and  also 

in  ,  and  also  at  ,  and  the  said  W.  P. 

built  thereon,  and  the  carpenter's  work  to  such  respective  buildings  was 
4one  by  the  partnership  workmen,  and  from  the  partnership  stock,  but 


14ii  PARTNERSHIP    CONCERNS. 

all  other  workmen  were  employed  therein  by  the  said  VV.  P.  witliont  any 
communication  with  your  Orator.  And  your  Orator  sheweth,  tliat  such 
several  speculations  having  proved  unprofitahle,  and  a  considerable  loss 
having  been  incurred  by  (hem,  the  said  W.  P.  hath  lately  pretended  that 
all  such  speculations  were  entered  into  by  him  on  the  partnership  account, 
and  that  your  Orator  is  to  bear  his  proportion  of  the  loss.  And  your,&c. 
that  in  on  or  about,  &c.  the  said  \V.  P.  took  a  lease  of  premises  in 
in  his  own  name,  and  the  said  W.  P.  proceeded  to  build  a  house  thereon, 
and  represented  to  your  Orator  that  he  was  building  it  for  a  Mr.  R.  and 
the  carpenter's  work,  which  was  done,  was  by  desire  of  the  said 
W.  P.  at  first  entered  in  the  partnership  books  to  IMr.  R.'s  account ; 
but  the  said  W.  P.  afterwards  informed  your  Orator  that  lie  was  to 
build  the  house  on  his  own  account,  and  the  car|>enter's  work  was 
from  thence  considered  as  the  private  debt  of  the  said  VV.  P.  And 
your  Orator  sheweth,  thai  the  expense  of  building  the  said  house,  includ- 
ing the  said  carpenter's  work,  amounted  to  £  ,  and  that  the  said 
W.  P.  afterwards  sold  the  said  house  for  £  only,  and  then  in- 
sisted that  it  was  a  speculation  on  the  partnership  account,  and  that  your 
Orator  should  bear  his  proportion  of  the  loss.  And  your,  &c.  that  the 
said  W.  P.  in  the  beginning  of  the  year  ,  applied  to  the  father  of 
your  Orator  for  a  loan  of  money  allejring  that  the  trade  required  more, 
and  that  your  Orator  had  not  a  sufficient  capital  in  the  trade.  And  your 
Orator  shev.'eth  that  your  Orator's  father,  upon  that  occasion,  referred 
to  your  Orator,  and  being  informed  of  t!ie  reasons  which  your  Orator  ha(t 
to  complain  of  the  conduct  of  the  said  W.  P.,  refused  to  advance  any  fur- 
ther surn  of  money,  and  thereupon  differences  and  disputes  arising  be- 
tween the  said  W.  P.  and  your  Orator,  the  said  W.  P.  proposed  terms 
for  the  dissolution  of  the  partnership,  to  which  your  Orator  acceded  ;  but 
the  said  W.  P.  afterwards  changed  his  terms,  and  your  Orator  not  being 
able  to  come  to  any  agreement  in  that  behalf  with  the  said  W.  P.  gave 
notice  to  the  said  W.  P.  that  all  treaty  for  a  dissolution  was  at  an  end. 
And  your,  &^c.  that  your  Orator  afterwards  continued  to  give  his  atten- 
tion to  the  partnership  business  as  usual,  although  he  was,  upon  many 
occasions,  abused  and  insulted  by  the  said  W.  P.  And  your  Orator 
sheweth  that  on  the  day  of  last,  your  Orator  was  at  the  part- 
nersiiip  counting-house,  when  a  message  came  fro'ni  a  Mr.  ,  re- 
questing Messrs.  P.  and  H.  to  send  a  man  to  his  house,  to  do  some  car- 
pentering jobs,  and  your  Orator  thereupon  dire(  ted  one  of  their  men  to 
go  accordingly  :  but  tlic  said  W.  P.  overliearingvvliat  passed,  desired  their 
foreman  P.  not  to  let  the  man  go;  and  your  Orator  then  inquiring  from 
the  said  W.  P.  what  he  meant  by  such  conduct,  the  said  \V.  P.  answered, 
that  he  did  not  choose  tlie  man  should  go,  and  that  your  Oralor  had 
better  go  about  his  business,  and  not  come  there,  and  that  none  of  the  men 


PARTNERSHIP  CONCERNS.  143 

slmwld  do  any  thing  he  ordered  them  tQ  do;  and  the  said  W.  P.  added 
some  terms  of  opprobrium  and  abuse  of  your  Orator;  and  the  said  W.  P. 
then  ordered  C.  their  clerk,  to  keep  the  books  himself,  and  to  lock  up 
tlie  safe,  in  order  that  your  Orator  might  not  have  access  to  them.  And 
your  Orator  having  a  pass  key  to  the  lock  of  the  safe  door,  and  to  other 
locks  on  the  partnership  premises,  the  said  W.  P.  caused  the  locks  to  be 
changed.  And  your,  &c.  that  being  compelled,  by  this  conduct,  on  the 
part  of  the  said  W.  P.  to  absent  himself  from  the  partnership  business, 
your  Orator  forthwith  took  other  premises,  in  in  the 

jiame  of  the  partnership,  for  the  purpose  of  carrying  on  business  there,  on 
the  joint  account  of  the  said  W.  P.  and  himself,  pursuant  to  the  aforesaid 
articles  of  partnership;  but  your  Orator,  at  the  same  time,  considering 
it  to  be  desirable  that  a  dissolution  of  the  partnership  should  be  effected, 
if  it  could  be  done  upon  fair  and  reasonable  terms,  the  solicitors  of  your 
Orator  at  his  request,  on  or  about,  &c.  wrote  and  sent  a  letter  to  the 
said  W.  P.  in  the  words  and  figures  or  to  the  purport  and  effect  follow- 
ing ;  that  is  to  say, — Sir,  "  In  consequence,"'  &c.  And  your,  &c.  that 
the  said  VV.  P  hath  taken  no  notice  of  the  said  letter,  nor  hath  since, 
in  any  manner,  communicated  with  your  Orator,  and  your  Orator  hath 
from  thence  continued  to  carry  on  business  in  the  partnership  name,  and 
on  the  partnership  account,  in  the  said  new  premises  in 
but  liath  at  all  times  been  and  is  now  willing  and  desirous  to  attend  the 
partnership  business  at  the  former  premises,  if  requested  or  permitted  so 
to  do  by  the  said  W.  P.  And  your  Orator  humbly  insists,  that  the  said 
W.  P.  ought  to  come  to  an  account  of  the  partnership  dealings  and 
transactions  from  the  commencement  thereof,  and  that  the  said  W.  P. 
ought  to  be  restrained  by  the  injunction  of  this  honorable  Court  from 
receiving  and  collecting  the  partnership  debts  and  monies  due,  and  to 
accrue  due ;  and  that  some  proper  person  ought  to  be  appointed  by  this 
honorable  court  to  receive  and  collect  the  same ;  and  that  proper  direc- 
tions ought  to  be  given  by  this  honorable  Court,  for  the  conduct  and  ma- 
nagement of  the  said  partnership  business  in  future  for  the  joint  and 
equal  benefit  of  the  said  \V.  P.  and  year  Orator.     To  the  end,  <S:c. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises,  and  that  an 
account  may  be  taken  of  all  and  every  the  said  co-partnership  dealings 
.ind  transactions,  from  the  time  of  the  commencement  thereof ;  and 
•also  an  account  of  the  monies  received  and  paid  by  your  Orator  and 
die  said  Defendant  respectively  in  regard  thereto,  your  Orator  be- 
ing ready  and  willing,  and  hereby  offering  to  account  for  iho  part- 
nership dealings  and  transactions   whicii  have  boen  canifd  on  by 


14-i  PARTNERSHIP  CONCERNS* 

your  Orator  in  the  premises  in  .  and  that  the  said  DcfendaiiV 

may  be  decreed  to  pay  to  your  Orator  what  upon  the  taking  of  the 
said  accounts  shall  appear  to  be  due  to  him,  and  that  in  the  nieau 
time  the  said  Defendant  W.  P.  may  be  restrained  by  the  order  and 
injunction  of  tliis  honorable  Court  from  collectlnor  or  receiving  any 
partnership  debts  or  other  monies,  and  that  some  proper  person 
may  be  aj^poinied  to  collect  and  receive  the  same;  and  that  proper 
directions  may  be  given  for  the  conduct  and  mariagement  of  the  said 
partnership  business  in  future,  for  the  joint  and  equal  benefit  of  your 
Orator  and  the  said  W.  P.     And  further  relief. 


BUI  by  Co-partners  against  acting  Partner,  vjJio  had  been 
arrested  and  Imprisoned  for  Debt  for  a  Dissolution 
and  Account,  and  Injunction  to  restrain  him  from  col- 
lecting Monies. 

Humbly  complaining,  &c.  that  by  articles  of  agreement  bearing  date, 
&c.  and  made  and  executed  by  and  between  your  Orators  of  the  first 
part,  G.  G.  of  the  second  part,  and  I.  G.  the  Defendant  hereinafter 
named,  and  H.  G.  his  son,  of  the  third  part,  after  reciting,  &c.  And 
your,  &c.  that  by  a  deed-poll  indorsed  on  the  said  articles  of  agreement, 
under  the  hands  and  seals  of,  &c.  bearing  date,  f^c.  after  reciting,  &c. 
And  your,  &c.  that  by  another  deed-poll  indorsed  on  the  said  articles, 
under  the  hands  and  seals  of,  &c.  bearing  date,  See.  as  in  and  by,  &c. 
And  your,  &;c.  that  the  said  partnership  business  was  entered  upon  and 
continued,  in  pursuance  of  the  said  articles  of  agreement,  under  the  direc- 
tion and  attention  of  the  said  I.  II.  and  H.  G.  until  on  or  about,  &c. 
and  the  said  I.  G.  and  H.  G.  were  respectively  provided  with  houses  to 
reside  in  at  the  co-partnership  e.\pense,  and  regularly  took  and  received 
out  of  the  co-partnership  effects  the  yearly  sum  of  ;€  ,  in  the  propor- 

tions stipulated  in  the  said  articles ;  but  the  said  business  not  having 
proved  as  beneficial  as  was  expected,  neither  your  Orators,  nor  the  per- 
sons under  whom  they  claim  in  the  said  concern,  have  ever  had  or  taken 
any  profits  therefrom,  but  the  whole  of  the  monies  which  by  the  said 
recited  indenture  are  stated  to  have  been  due  to  your  Orators,  now  re- 
main tiue  to  your  Orators,  according  to  their  several  rights  and  interests 
therein  as  aforesiiid,  together  with  all  subsequent  interest  thereon.  And 
your,  &rc.  tiiat  on  or  about,  &;t.  the  sai-.l  was  arrested  at  the  suit 

«f  ,  fin-  a  debt  oi  £         ,  and  hath  in  consequence  of  such  arrest 

ever  since  been,  and  now  is,  a  pri;-oner  in  the  King's  Lcncli  prison.  And 
vour  Orators  shew,  that  by  reason  of  such  iinprisonment  of  the  said  I.  (r. 
the  said  co-partnership  concern  liath  been  and  is  greatly  discredited,  and 


PARTxXERSHIP    CONCERNS.  145 

great  loss  hath  been  sustained  in  the  said  business  by  the  absence  of  the 
said  I.  G,  therefrom,  and  the  said  1.  G.  having-  no  capital  in  the  said 
concern,  and  assisting  therein  only  by  his  personal  attention,  which  by 
such  his  imprisonment  hath  been  and  continues  to  be  wholly  los*.  your 
Orators  have  made  frequent  applications  to  the  said  I  G.  to  withdraw 
from  the  said  co-partnership,  and  to  come  to  a  just  and  true  account  wilh 
your  Orators  for  all  and  every  the  co-partnership  dealings  and  transactions, 
with  which  just  and  reasonable  request  your  Orators,  &c.  But  now, 
&c.  And  the  said  Defendant  pretends  that  he  hath  a  right  to  continue 
to  share  in  the  profits  of  the  said  joint  concern,  and  hath  even  a  right  to 
draw  therefrom  in  the  first  place  the  annual  sum  of  £  ,  being  his 

proportion  of  the  said  sum  o(  £  ,  agreed  to  be  paid  to  the  said  De- 

fendants for  their  attention  to,  and  management  of  the  said  business ; 
whereas  your  Orators  charge,  that  the  said  I.  G.  having  only  contributed 
to  the  said  co-partnership  interest  by  his  personal  attendance  upon  their 
concern,  hath  b}'  his  inability  to  assist  therein,  lost  and  forfeited  all  right 
to  continue  to  share  in  the  profits,  and  in  particular  hath  lost  and  for- 
feited all  right  to  any  proportion  of  the  said  annual  sura  of  £  , 
which  was  allowed  to  the  said  Defendants  in  the  proportions  aforesaid, 
expressly  for  their  management  of,  and  attendance  upon  the  said  busi- 
ness. And  your  Orators  charge,  that  the  said  Defendant  I  G.  hath, 
since  his  imprisonment,  suflered  the  house  in  which  he  resided  at  the 
expense  of  the  said  co-partnership,  to  become  greatly  dilapidated  and  out 
of  repair,  to  the  great  injury  of  the  said  co-partnership.  And  your  Ora- 
tors further  charge,  that  the  said  H.  G.  refuses  to  join  your  Orators  in 
this  suit.     All  which,  i^c.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
the  said  co-partnership,  as  far  as  respects  the  said  Defendant  I.  G. 
may  be  declared  to  be  dissolved.  And  that  accounts  may  be  taken 
of  all  and  every  the  said  co-partnership  dealings  and  transactions,  as 
far  as  relates  to  the  said  I.  G.  And  that  the  said  I.  G.  may  be  di- 
rected to  pay  to  the  said  continuing  co-partners  what,  if  any  thing, 
shall  upon  such  account  appear  to  be  due  from  him,  your  Orators 
being  ready  and  willing,  and  hereby  ofiering  to  pay  to  the  said  I.  G. 
what,  if  any  thing,  shall  appear  to  be  due  to  him  from  the  said  joint 
concern.  And  that  the  said  Defendant  I.  G.  may  be  directed  to 
assign  to  your  Orators  and  to  the  said  li.  G.  his  share  and  interest 
in  and  to  the  said  co-partnership  estate  and  eftects.  And  that  the 
:?aid  I.  G.  may  in  tlie  mean  time  be  restrained  by  the  order  and  in- 

20 


146  PARTNERSHIP  CONCERNS. 

junction  of  this  honorable  Court,  from  disposing  of  any  part  of  the 
said  co-partnership  money,  or  from  collecting  or  receiving  any  of  the 
debts  due  and  owing  thereto.     And  for  further  relief,  &c. 


Bill  for  Dissolution  of  Partnership,  and  Injunction  to  re- 
strain  from  collecting  Debts. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator  P.  C. 
of,  &c.  that  in  or  about  the  month  of  ,  your  Orator  entered  into 

an  agreement  with  C.  B.  of,  &c.  and  C.  F.  of,  &c.  the  Defendants  here- 
inafter named,  to  form  a  partnership  with  them  in  the  business  of  auc- 
tioneers and  appraisers,  which  agreement  was  reduced  into  writing,  and 
signed  by  your  Orators  and  the  said  Defendants,  and  was  in  the  words 
and  figures,  or  to  the  purport  and  effect  following,  that  is  to  say,  "  Mr- 
C.  being  desirous,"  &c.  &c.  as  in  and  by  the  said  agreement,  reference 
being  thereunto  had,  will  appear.  And  your,  &c.  that  the  said  co-part- 
nership business  was  entered  upon,  and  hath  ever  since  continued  to  be 
carried  on  by  your  Orator  and  the  said  Defendants,  in  pursuance  and 
under  the  aforesaid  agreement,  no  articles  or  other  instrument  having 
ever  been  prepared  and  executed  between  them.  And  your,  &c.  that 
having  much  reason  to  be  dissatisfied  with  the  conduct  of  the  said  C.  B. 
and  being  desirous  therefore  to  dissolve  the  said  partnership,  your  Ora- 
tor, on  or  about  the  day  of  ,  caused  a  notice  in  writing,  signed 
by  your  Orator,  to  be  delivered  to  the  said  C.  B.  and  C.  F.  in  the  words 
and  figures,  or  to  the  purport  and  effect  following,  that  is  to  say,  "  In 
conformity,-'  &c.  &:c.  as  in  and  by  such  written  notice,  now  in  the  cus- 
tody or  power  of  the  said  Defendants,  or  one  of  them,  when  produced, 
will  appear.  And  your  Orator  sheweth,  that  the  said  C.  B.  hath,  from 
time  to  time  since  the  commencement  of  the  said  partnership,  applied  to 
his  own  use,  from  the  receipts  and  profits  of  the  said  business,  very  large 
sums  of  money,  greatly  exceeding  the  proportion  thereof  to  which  he 
was  entitled,  and  in  order  to  conceal  the  same,  the  said  C.  B.  wiio  hath 
the  management  of  the  said  co-partnership  books,  hath  never  once  ba- 
lanced the  said  books.  And  your  Orator  sheweth,  that  having  in  the 
beginning  of  the  year  discovered  that  tiie  said  C.  B.  was  greatly  in- 
debted to  the  said  co-partnership  by  reason  of  this  application  of  the  part- 
nership monies  to  his  own  use,  your  Orator,  in  order  to  form  some  check 
upon  the  conduct  of  the  said  C.  B.  requested  that  he  would  pay  all 
co-partnership  monies  which  he  received  into  their  bankers,  and  would 
draw  for  such  suras  as  he  had  occasion  for,  but  the  said  C.  B.  hath 
wholly  disregarded  such  request,  and  hath  continued  to  apply  the  part- 


PARTNERSHIP  CONCERNS.  147 

nership  moniea  received  by  him  to  his  own  use,  without  paying  the  same 
into  the  bankers,  and  hath  also  taken  to  his  own  use  monies  received  by 
the  clerks,  and  hath  by  such  means  greatly  increased  his  debt  to  the  part- 
nership, without  affording  to  your  Orator  and  the  said  C.  F.  any  adequate 
means  of  ascertaining  the  true  state  of  his  accounts.  And  your  Orator 
sheweth,  that  he  hath  by  himself  and  his  agents,  from  time  to  time  ap- 
plied to  the  said  C.  B.  and  hath  requested  him  to  come  to  a  full  and 
fair  account  in  respect  of  the  said  co-partnership  transactions,  with  which 
just  and  reasonable  requests  your  Orator  well  hoped  the  said  Defendant 
would  have  complied,  as  in  justice  and  equity  he  ought  to  have  done. 
But  now,  &c.  absolutely  refuses  so  to  do.  And  the  said  C.  B.  at  some- 
times pretends,,  that  he  hath  not  received  and  applied  to  his  own  use 
more  than  his  due  proportion  of  the  partnership  profits,  whereas  your 
Orator  charges  the  contrary  thereof  to  be  the  truth,  and  so  it  would  ap- 
pear if  the  said  Defendant  would  set  forth  a  full  and  true  account  of  all 
and  every  his  receipts  and  payments  in  respect  of  the  said  partnership 
transactions,  and  of  the  partnership  profits  which  have  been  made  in  each 
year  since  the  commencement  of  the  said  partnership.  And  your  Orator 
charges,  that  the  snid  C.  B.  hath  in  fact  received  the  sum  of  ^  and 

upwards,  beyond  his  due  proportion  of  the  partnership  profits ;  and  ne- 
vertheless is  proceeding  to  collect  in  the  partnership  debts  and  monies, 
whereby  the  balance  due  from  him  will  be  increased,  to  the  great  loss 
and  injury  of  your  Orator  and  the  said  C.  F.  And  your  Orator  charges, 
that  the  said  C.  B.  ought  therefore  to  be  restrained  by  the  order  and 
injunction  of  this  honorable  Court  from  collecting  and  receiving  any  of 
the  said  partnership  debts  and  monies.  And  your  Orator  charges,  that 
the  said  C.  F.  refuses  to  join  your  Orator  in  this  suit.  To  the  end  there- 
fore, Sec. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises,  and  that  that 
partnership  may  be  declared  void  ;  and  that  an  account  may  be  taken 
of  all  and  every  the  said  co-partnership  dealings  and  transactions,  from 
the  time  of  the  commencement  thereof.  And  also  an  account  of 
the  monies  received  and  paid  by  your  Orator  and  the  said  De- 
fendants respectively,  in  regard  thereto.  And  that  the  said  De- 
fendants may  be  decreed  to  pay  to  your  Orator  what,  if  any  thing, 
shall  upon  the  taking  of  the  said  accounts  appear  to  be  due  to  him, 
your  Orator  being  ready  and  willing,  and  hereby  offering  to  pay  to 
the  said  Defendants,  or  either  of  them,  what,  if  any  thing,  shall 
upon  the  taking  of  the  said  accounts  appear  to  be  due  to  them 
from  your  Orator.  And  that  in  the  mean  time  the  said  Defendant 
C.  B.  may  be  restrained  by  the  Order  and  injunction  of  this  honor- 


118  PARTNERSHIP  CONCERNS. 

able  Court,  from  collecting  or  receiving  the  partnership  debts  at 
other  monies.     And  for  further  relief,  &c. 

J.  L. 
Praij  Sithp(tnn  nn-ninftt  C.  F. 
and  Suhpama  and  Lijunc- 
iion  against  C.  B. 


Bill  for  an  Account  of  Partnership   Dealings  afer  Dis- 
solution,  and  for  a  Receiver,  ^-c. 

Humbly  complaining,  Sec.  that  on  or  about  tiie  day  of  * 

your  Orator  and  P.  II.  V/.  of,  &:c.  the  Defendant  hereinafter  named,  enter- 
ed into  co-partners])ip  together  as  attornies  and  solicitors,  your  Orator  en- 
gaging to  bring  into  the  business  the  sum  of  £  ,  and  being  to  receive 
one-third  part  or  share  of  the  profits;  and  the  said  P.  H.  W.  engaging 
to  bring  into  the  business  the  sum  of  £  ,  and  being  to  receive  two- 
third  parts  or  shares  of  the  said  profits.  And  your,  &c.  that  your  Orator 
accordingly  brought  into  the  business  the  said  sum  of  £  ,  and  that 
the  said  <.o  partnership  was  carried  on  and  continued  until  the  day 
of  ,  when  the  same  was  dissolved  by  mutual  consent,  and  the  usual 
advertisement  of  such  dissolution  was  inserted  in  the  London  Gazette. 
And  your  Orator  sheweth,  tliat  tlie  said  co-partnership  business  was  car- 
ried on  in  a  house  in  ,  which  at  the  time  of  the  dissolution  of  the 
said  co-partnership  was  held  by  the  said  Defendant  and  your  Orator, 
under  an  agreement  for  a  lease  for  yPfirs,  from  Lady-day  ^ 
and  that  it  was  verbally  agreed  between  tf;e  said  Defendant  and  your 
Orator,  that  the  said  Defendant  should  take  to  himself  the  benefit  of  the 
said  agreement,  accounting  to  your  Orator  for  his  proportion  of  the  value 
thereof,  and  in  pursuance  of  such  agreement,  the  said  Defendant  hath 
over  .since  continued,  and  now  is,  in  possession  of  the  said  house.  And 
your,  (fvc.  that  no  settlement  of  the  said  co-partnership  accounts  hath 
ever  been  made  between  your  Orator  and  the  said  Defendant,  and 
that  since  the  said  dissolution  your  Orator  both  repeatedly  applied  to  the 
said  Defendant  to  come  to  a  final  settlement  with  respect  thereto.  And 
your  Orator  well  hoped,  &c.  but  now,  cVc.  refuses  so  to  do.  And  your 
Orator  cliarges,  that  the  said  Defeuflant  hath  possessed  himself  of  the 
?aid  co-partner.'-Ijip  books,  and  hath  refused  to  permit  your  Orator  to 
inspect  the  same.  And  the  said  Defendant  hath  also  refused  to  render 
to  your  Orator  any  account  of  the  co-partnership  monies  received  by 
him  ;  and  your  Orator,  since  the  said  dissolution,  hath  paid  the  su!n  ot 
£  ,  in  respect  of  the  co-partnership  debts.  And  your  Orator  charges, 
that  upon  a  just  and  ^rue  setUemcnt  of  the  said  accounts  it  would  appeat- 


PARTNERSHIP   CONCERNS.  14?^ 

tliat  a  considerable  balance  is  due  from  the  said  Defendant  to  your  Ora- 
tor in  respect  of  the  said  co-partnership  dealings ;  but  nevertheless  the 
said  Defendant  is  proceeding  to  collect  in  the  said  co-partnership  debts, 
and  to  apply  the  same  to  his  own  use,  which  the  said  Defendant  is  en- 
abled to  do  by  means  of  his  possession  of  the  books  of  account  as  afore- 
said. And  your  Orator  charges,  that  the  said  Defendant  ought  to  be 
restrained  by  the  injunction  of  this  honorable  Court  from  collecting  in 
the  said  debts,  and  that  some  proper  person  ought  to  be  appointed  by 
this  honorable  Court  for  that  purpose.     All  which,  &c.     To  the  end,  &c.. 

Prayer. 

And  that  an  account  may  be  taken  of  all  and  every  the  said  late  co- 
partnership dealings  and  transactions,  until  the  time  of  the  expira- 
tion thereof,  and  that  the  said  P.  H.  W.  may  be  directed  to  pay  to 
3'^our  Orator  what,  if  any  thing,  shall  upon  such  account  appear  t© 
be  due,  your  Orator  being  ready  and  willing,  and  hereby  offering  to 
pay  to  the  said  P.  H.  W.  what,  if  any  thing,  shall  appear  to  be  due 
to  him  from  the  said  joint  concern.  And  that  some  proper  and 
ostensible  person  may  be  appointed  to  receive  and  collect  all  monies 
that  may  be  coming  to  the  credit  of  the  late  co-partnership.  And  that 
the  said  P.  H.  W.  may  in  the  mean  time  be  restrained  by  the  order 
and  injunction  of  this  honorable  Court,  from  collecting  or  receiving 
any  of  the  debts  due  and  owing  thereto.     And  for  further  relief,  &c. 


150 


SECT.  \  n. — BILLS  rrON  promissorv  kotes. 


Bill  for  an  Account  of  Principal  and  Interest  due  on  a 
Fromi'isonj  Note.  Plaintiff  cannot  sue  at  Laiv,  Note 
bcini^'  lost,  A  Pretence  that  Defendant  means  to  avail 
himself  of  the  Statute  of  Limitations.     Charge  thereto. 

Humbly  complaining,  shewetli  unto  your  Lordship,  your  Orator,  I.  W. 
of  &c.  that  your  Orator  and  D.  P.  late  of,  &c.  but  now  of,  <^-c.  the 
Defendant  hereinafter  named,  have  for  many  years  had  transactions  in 
business  toorether,  and  your  Orator  sheweth,  that  in  or  about,  &c.  your 
Orator  sold  to  the  said  Defendant,  horses  and  harness  for  the  stun  of 
£         ,  and  on  or  about,  &c.  of  the  same  month  of  ,  your  Orator 

lent  and  advanced  to  the  said  Defendant  the  sum  of  £  ,  and  there- 
upon the  said  Defendant  gave  to  your  Orator  his  promissory  note  bear- 
ing date  on  or  about,  &c.  for  the  sum  of  £  ,  payable,  with  interest, 
months  after  date.  And  your,  &c.  that  the  said  D.  P.  hath  not 
since  paid,  or  in  any  manner  satisfied  the  said  promissory  note  and  inte- 
rest, or  any  part  thereof,  and  the  said  sum  of  <^  ,  together  with  in- 
terest thereon  from  the  day  of  the  date  of  the  said  note,  now  remains  due 
and  owing  to  your  Orator.  And  your  Orator  sheweth,  that  he  hath  by 
himself  and  his  agents  repeatedly  applied  to  the  said  Defendant  for  the 
payment  of  the  said  sum  of  £  ,  and  interest,  and  your  Orator  well 
hoped,  &c.  But  now,  &c.  hath  refused  so  to  do.  And  the  said  De- 
fendant at  some  times  pretends,  that  he  hath  fully  paid  and  satisfied  the 
said  sum  o( £  and  interest,  but,  when,  and  how,  and  to  whom  he  so 
paid  and  satisfied  the  same,  the  said  Defendant  refuses  to  discover.  And 
at  other  times  the  said  Defendant  gives  out,  that  he  means  to  avail  him- 
self of  the  statute  of  limitations,  in  order  to  protect  himself  from  the 
payment  of  the  said  debt,  whereas  your  Orator  charges,  that  although 
the  said  promissory  note  was  given  to  your  Orator  more  than  years 

since,  yet  the  said  Defendant  hath  repeatedly  within         years  admitted 
to  many  persons  that  the  said  sum  of  £  and   interest  remained   due 

and  owing  to  your  Orator.  And  in  particular  the  said  Defendant  made 
such  admission  to  IMr.  S.  one  of  the  clerks  of  your  Orator,  about 
years  since,  in  a  conversation  which  the  said  JMr,  S.  had  with  the  said 
Defendant,  respecting  a  bill  drawn  by  the  said  Defendant  upon  your 
Orator  and  not  accepted  by  your  Orator.  And  your  Orator  further 
charges,  that  the  sum  of  £  ,  being  due  to  your  Orator  for  principal 
and  interest  on  the  said  promissory  note,  the  solicitors  of  your  Orator  on 
or  about,  &c.  wrote  a  letter  to  the  said  Defendant,  in  the  words  and 


BILLS    UPON  PROMISSORY  NOTES.  151 

ligures,  or  to  the  purport  and  effect  following,  that  is  to  say,  &c.  And 
your  Orator  further  charg-es,  that  the  sum  of  ^  therein  stated  to  be 

due  to  your  Orator,  referred  to  the  principal  and  interest  of  the  said 
suniof=£  ,  for  which  the  said  note  was  given  as  aforesaid.  And 
your  Orator  charges,  that  the  said  Defendant  wrote  an  answer  to  the  said 
letter,  in  the  words  and  figures,  or  to  the  purport  and  effect  following, 
that  is  to  say,  "  Gentlemen,"  &c.  And  your  Orator  further  charges,  that 
your  Orator  long  since  lost  the  said  promissory  note,  and  is  unable  to 
produce  the  same  at  the  trial  of  any  action  at  law,  or  to  deliver  up  the 
same  to  the  said  Defendant.  And  the  said  Defendant  for  that  reason 
refuses  to  pay  the  same,  or  any  part  thereof.  All  which,  &c.  To  the 
end,  &c. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises.  And  that  an 
account  may  be  taken  of  what  is  due  to  your  Orator  for  principal 
and  interest  on  the  said  promissory  note,  and  that  the  said  Defendant 
may  be  decreed  to  pay  to  your  Orator  what  shall  be  found  due 
upon  such  account.     And  for  further  relief. 

J.L. 

Pray  Subpcena  against  D.  P. 


Bill  to  have  delivered  up  to  be  cancelled  certain  Bills  of 
Exchange,  which  they  had  delivered  to  A.  to  get  dis- 
counted for  them,  but  which  he  had  tiegociated  iviihout 
any  consideration  to  Plaintiffs. 

Bill  states,  that  Plaintiff  T.  G.  in  the  month  of  ,  having  occasion 

to  raise  a  sum  of  money,  did  in  that  month  apply  to  T.  H.  A.  who  acts 
as  a  broker  in  procuring  money,  to  procure  money  for  Plaintiff  J.  G. ; 
and  the  said  I.  H.  A.  agreed  so  to  do,  provided  Plaintiff  J.  G.  could 
prevail  on  some  person  of  consequence  and  substance  to  join  with 
Plaintiff  J.  G.  in  a  security  for  payment  thereof.  And  Plaintiff  J.  G. 
having  named  Plaintiff  T.  G.  his  brother  it  was  settled  that  Plaintiff 
T.  G.  should  draw  bills  of  exchange  on  Plaintiff  J.  G.  for  payment  at 
future  times  of  small  sums  of  money,  amounting  in  the  whole  to  the  sum 
of£  ,  for  which  Plaintiff  J.  G.  had  occasion,  and  the  Plaintiff  T.  G. 

should  accept  such  bills,  and  that  Plaintiff  J.  G.  should  indorse  such 
bills,  and  deliver  the  same  to  him  the  said  I.  II.  A.  and  that  he  the 
said  I.  H.  A.  should  immediately  procure  the  same  to  be  discounted^ 
suid  pay  to  PlaintiQ'  J.  G..  the  money  to  be  raised  thcrtby. 


162  BILLS    UPON    PROMISSORY    NOTES. 

That  your  Orator  T.  G.  having  agreed  to  si:ch  scheme  for  the  accora" 
tnodation  of  Plaintiff  J.  G.  Plaintiff  T.  G.  did,  on  or  about  the  day 
of  ,  without  any  consideration,  sign  several  bills  or  drafts  of  ex- 

change on  Plaintiff  J.  G.  for  payment  of  small  sums  to  the  amount  of 
£  in  the  whole,  or  thereabouts,  to  your  Orator  T.  G.'s  order  at 
future  times,  and  Plaintiff  J.  G.  without  any  consideration,  signed  hie 
acceptance  thereof,  and  particularly  one  of  such  drafts  or  bills  of  ex- 
change was  in  the  words  and  figures,  or  to  the  effect  following,  that  is  to 
say,  {insert  the  bill,)  as  in  and  by  the  said  bill,  now  in  the  custody  of  the 
Defendants  hereinafter  named,  or  one  of  them,  relation  being  thereunto 
had,  will  appear. 

That  Plaintiff  J.  G.  immediately  afterwards,  at  the  request  of  Plaintiff 
T,  G.  without  any  consideration,  indorsed  the  name  of  Plaintiff  T.  G. 
on  all  such  bills,  and  all  such  bills  were  immediately,  or  shortly  after- 
wards, without  any  consideration  in  money  or  otherwise,  delivered  by 
Plaintiffs,  or  one  of  them,  to  the  said  I.  H.  A.  for  the  purpose  of  his 
procuring  the  same  to  be  discounted,  and  raising  thereon  the  money 
thereby  made  payable,  after  deducting  the  usual  discount,  bringing  such 
money,  after  such  deduction,  to  Plaintiff  J.  G.  which  said  I.  H.  A. 
faithfully  promised  to  do.  And  the  said  I.  H.  A.  then  signed  a  writing, 
whereby  he  acknowledged  to  have  received  the  said  bills  respectively  for 
such  purpose,  and  promised  to  pay  to  Plaintiffs,  or  one  of  them,  the 
money  made  payable  thereby,  or  to  return  the  said  bills  or  drafts  to 
Plaintiffs,  or  one  of  them,  or  to  such  or  the  like  effect. 

That  the  said  I.  H.  A.  or  any  other  person  hath  never  paid,  to  or  for 
the  use  of  Plaintiffs,  or  either  of  them,  any  money  whatsoever,  in  respect 
of  the  aforesaid  drafts  or  bills  of  exchange  for  payment  of  the  sum  of 
£  ,  although  he  hath  promi>od  frequently  so  to  do.  nor  hath  the  said 
draft  or  bill  been  at  any  time  returned  or  delivered  to  Plaintiffs,  or  either 
©f  them  ;  and  therefore  Plaintiffs  have,  at  several  times,  by  themselves 
and  their  agents,  applied  unto  the  said  I.  H.  A.  to  deliver  up  the  said 
draft  or  hill,  for  payment  of  the  said  sum  of  £  .     And  it  being  al- 

leged that  the  said  draft  or  bill  is  now  in  the  possession  of  J.  T.  Plain- 
tiffs have,  in  like  manner,  made  the  like  application  to  him  :  and  Plain- 
tiffs hoped  that  the  one  or  the  other  of  them  would  have  complied  with 
such  request. 

Pretends,  that  a  lull  and  valuable  consideration  was  paid  to  Plaintiffs, 
or  one  of  them,  for  the  aforesaid  draft  or  bill  of  exchange,  by  the  said 
I.  n.  A.  or  some  other  person,  or  that  Plaintiffs,  or  one  of  them,  at  the 
time  of  delivering  the  said  draft  or  bill  of  exchange  to  him  the  said 
I.  H.  A.  were  or  was  justly  indebted  to  him  in  some  sum  or  sums  of 
money;  and  that  such  draft  or  bill  was  dr-livered  to  him  in  or  towards 
satisAiction  of  or  for  securing  such  debt :  or  that  the  money  made  pay- 


BILLS    UPON    PROMISSORY    NOTES.  153 

ahie  thereby,  or  great  part  thereof,  hath  been  paid  to  or  for  the  use  of 
Hainlifls,  or  one  of  them. 

Charge  contrary.  And  so  the  said  Defondants  will,  at  other  times, 
admit ;  but  the  said  J.  T.  pretends,  that  the  said  draft  or  bill  of  exchange 
was  delivered  by  the  said  I.  H.  A.  to  one  VV^.  S.  G.  and  ihat  the  said 
W.  G,  delivered  the  same  to  one  C.  P.  and  that  the  said  C.  P.  ddivered 
the  same  1o  one  J.  D.  and  that  the  said  J.  D.  delivered  the  same 
to  him  the  said  J.  T.  and  that  ail  or  most  of  such  several  persons,  by 
whom  it  was  pretended  that  the  said  draft  or  bill  of  exchange  hath  been, 
from  lime  to  time,  so  delivered  to  others,  had  or  received  some  good  or 
valuable  consideration  for  such  delivery  thereof,  and  for  indorsing  the 
said  draft  or  bill  of  exchange,  or  that  the  same  was  so  delivered  in  or  to- 
wards the  discharge  of  or  for  securing  some  just  or  real  debt  or  debts,  at 
such  respective  times  owing  from  the  person  by  whom  the  same  was  so 
delivered,  had  before,  or  at  the  time  of  receiving  the  same,  any  notice 
that  Plaintiffs,  or  either  eif  iliem.  had  not  received  any  consideration  for 
tlie  same,  or  that  the  said  I.  H.  A.  had  signed  such  receipt  or  undertak- 
ing as  afort'faid  for  the  same;  and  that  therefore  he  the  said  J.  P.  is  en- 
titled to  receive  the  said  sum  o\'  £  from  Piaintifls,  or  some  of  them, 
\ty  virtue  of  such  draft  or  bill. 

Charge,  that  if  the  said  draft  or  bill  hath  been  really  ddivered  by  and  to 
all  or  any  of  the  parties  aforesaid,  and  indorsed  by  all  or  any,  or  either  of 
them,  uil  or  most  of  snch  deliveries  and  indorsements  were  or  was  made 
fraudulently,  and  only  colorable,  and  not  bona  fide  for  the  true  and  real 
benefit  of  the  parties  to  whom  such  deliveries  and  indorsements  were  re- 
spectively made,  but  in  trust  for  the  deliverer  or  indorser  for  the  said 
I.  H.  A.  and  with  a  view  to  give  a  better  appearance  of  right  to  sue 
Piaintifls,  or  one  of  them,  on  the  said  draft  or  bill;  and  no  consideration 
in  money,  or  otherwise,  or,  however,  not  near  a  full  and  valuable  consi- 
deration was  ever  really  and  bona  fide  given  to  or  for  the  use  of  any  such 
deliverers  or  indorsers  of  the  said  draft  or  bill  of  exchange,  for  or  on  ac- 
count of  the  delivery  or  indorsement  thereof;  nor  was  any  mon^^y  what- 
soever, or  at  most  only  son:e  very  triuing  Eum,  at  any  such  lime,  really  and 
actually  due  from  either  of  the  said  persons  to  whom  the  said  draft  or 
bill  hath  been  so  indorsed  or  delivered,  but  all  the  said  parlies  are  accus- 
tomed to  deal  in  transactions  of  sucii  kind,  and  they,  or  most  of  them, 
have  been  long  concerned  together  in  dealings  of  such  nature,  and  the 
person  to  whom  the  said  draft  or  bill  of  exchange  hath  been,  from  time 
to  time,  indorsed  or  delivered,  or  some  or  one  of  such  persons  had  h-.- 
/ore,  or  at  the  time  when  the  same  was  so  delivered  to  them  respective  Vv 
some  knowledge,  notice,  information,  belief,  or  suspicion,  that  Plainlifis.; 
or  either  of  them,  had  not  received  a  full  and  valuable  consideration,  or 
ainy  consideration  for  the  said  draft  or  bill,  and  that  the  ?:tid  T.  W.  V  iiad 

21 


1j4  bills    LFU.N    PliU.MISSOKY    NOTES. 

signed  such  receipt  and  undertaking  relating  lliereto  as  aforesaid ;  and 
that  no  person  to  wliom  tlie  said  draft  or  bill  had  before  been  indorsed 
or  delivered,  had  paid  a  valuable  or  any  consideration  for  the  same,  axid 
particularly  the  said  I.  T.  had  some  such  knowledge  or  belief,  &:c. 
before  or  at  the  time  of  the  delivery  of  the  said  draft  or  bill  of  exchange 
unto  him,  or  before  or  at  the  time  of  his  paying  the  considerations, 
which,  if  any,  he  paid  for  the  same,  or  some  part  liiereof,  and  therefore 
humbly  insists  that  the  said  I.  T.  is  not  entitled  to  recover  any  money 
from  Plainlifl's,  or  either  of  them,  under  or  by  virtue  of  such  draft  or 
bill  of  exchange;  and  Plaintiffs  humbly  insist,  that  if  they,  or  either  of 
them,  shall  be  bound  to  pay  any  money  in  respect  to  the  said  draft  or 
bill  of  exchange,  to  the  said  I.  T.,  or  any  other  person,  the  said  I.  H.  A. 
ought  to  repay  the  same  to  Plaintiffs,  together  with  all  Plaintiffs'  costs 
and  charges  relating  thereto.  But,  nevertheless,  under  such,  or  the  Uke 
pretences  as  aforesaid,  or  some  other  equally  unjust  and  unreasonable, 
the  said  I.  T.  and  also  the  said  I.  H.  A.  refuses  to  deliver  up  the  same  to 
Plaintiffs,  or  either  of  them  ;  and  the  said  I.  T.  and  I.  II.  A.  or  one  of 
them,  in  the  name  of  the  said  I.  T.  have  or  hath  commenced  an  action 
at  law  against  Plaintiff,  J.  G.  as  acceptor  of  the  said  draft  or  bill,  for 
recovery  of  the  said  sum  o(  £  ,  and  they,  or  one  of  them,  threaten  to 
proceed  to  judgment  and  execution  in  such  actions.  [The  prayer  might 
be  to  some  such  effect  as  the  following.]  That  if  the  Court  should  be  of 
opinion  that  PlaintifTs,  or  either  of  them,  ought  to  pay  any  money  in 
respect  of  the  draft  or  bill  of  exchange  to  the  said  I.  T.  or  any  person, 
the  said  I.  H.  A.  may  repay  the  same  to  Plaintiffs,  together  with  all  their 
costs  and  charges  relating  thereto.  But  if  the  Court  should  not  think 
ihe  said  I.  T.  or  any  person  to  be  entitled  to  any  money  from  Plaintiffs, 
or  either  of  them,  in  respect  of  the  said  draft  or  bill  of  exchange,  it  may 
be  delivered  up  to  Plaintills  to  be  cancelled,  with  an  injunction  from 
proceeding  on  tlie  said  bill  of  exchange. 

N.  1>.  It  might  perhaps  be  advisable  to  cliarge  a  strong  confederacy, 
and  pray  that  the  note  might  in  the  first  instance  be  given  up,  leaving 
to  I.  T.  only  a  remedy  against  I.  II.  A. 


Bill  by  the  Acceptor  of  an  AccommoJatioji  Note  against 
an  Indorsee,  ivith  Notice  to  have  Bill  delivered  vp,  and 
an  Injunction. 

That  Plaintiff,  having  been,  for  some  time  before,  and  In  the  month  of 

,  acquainted  with  O.  ,S.  of,  &c.  the  said  O.  S.  together 

u  iih  T.  T.  of,  &c.  some  time  in  or  about  the  said  month  of,  &c.  applied 


BILLS    UPON    PROMISSORY    NOTES.  155 

unto  PlaintifT.  and  represpnted  to  him  that  T.  T.  had  a  pressing  occasion 
for  money,  and  therefore  they  I)oth  desired  Plaintifi'  to  accejit  a  draft  or 
bill,  to  be  drawn  on  Plaintifi"  by  them,  or  one  of  iheni,  for  the  payment 
of  <£  at  a  future  day,  in  order  that  he  the  said  T.  T.  might  pay  away 
the  same  as  money,  or  might  raise  money,  by  discounting  the  same ;  and 
they  then  promised  and  faithfully  assured  Plaintift"  that  they,  or  one  of 
thenj,  and  particularly  the  said  T.  T.  would  take  care  to  discharge  the 
said  sum  of  £  before  or  when  the  same  should  become  payable,  and 
to  procure  such  drafts  to  be  delivered  up,  and  to  indemnify  Plaintiff  from 
all  demands,  costs,  charges,  and  expenses,  relating  thereto,  with  whicli 
request  Plaintiff,  for  some  time,  refused  to  comply,  as  Plaintiff  was  noi 
then  indebted  unto  the  said  O.  S.  and  T.  T.  or  either  of  them,  nor  had 
any  acquaintance  with  the  said  T.  T.  But  Plaintiff  being  strongly  im- 
pressed and  importuned  by  the  said  O.  S.  and  T.  T.  and  they  having 
promised,  that  in  case  of  his  compliance,  the}'  or  one  of  them  would,  bv 
the  time  such  sum  of  £  would  become  payable,  employ  Plaintiff  in 

so  much  business  in  the  way  of  his  trade,  that  his  bill  for  such  business 
would  amount  to  more  than  such  sum  of  .£  ,  or  to  that  effect. 

Plaintiff  did  at  length,  although  with  great  reluctance,  agree  to  comply 
with  such  request ;  and  the  said  O.  S.  having  wrote  or  signed  a  draft  or 
bill  in  writing,  bearing  date,  &c.  directed  to  Plaintiff,  and  requiring  Plain- 
tiff, two  months  after  the  date  thereof,  to  pay  to  his,  the  said  O.  S.'s  or- 
der, £  ,  being,  as  therein  mentioned  and  expressed,  for  value  re- 
ceived in  deals  from  him  the  said  O.  S.  or  to  such  or  the  like  effect,  Plain- 
tiff did  sign  his  acceptance  of  such  draft  or  bill  as  a  matter  of  favor  to 
the  said  O.  S.  and  T.  T.  or  one  of  them,  and  for  the  service  and  accom- 
modation of  the  said  T.  T.  as  aforesaid,  and  without  any  consideration 
whatsoever  in  money  or  otherwise;  and  although  Plaintiff  was  not  then 
indebted  to  them,  or  either  of  them,  in  any  money  whatsoever,  nor  was 
ihe  value  thereof,  or  of  any  part  thereof,  ever  received  by  or  for  the  use 
of  Plaintiff  in  deals,  or  otherwise ;  and  Plaintiff  so  accepted  such  draft 
or  bill,  under  a  firm  reliance  on  the  aforesaid  promise,  that  thej'^  the  said 
O.  S.  and  1\  T.  or  one  of  them,  would  pay  the  said  sum  oi £  ,  and 
indemnify  Plaintiff  against  all  demands,  costs,  and  charges,  in  relation 
thereto;  and  the  said  ().  S.  at  or  about  the  same  time,  indorsed  such 
draft  or  bill,  and  the  same  was  then  taken  away  by  the  said  T.  T.  in  order 
for  him  to  make  use  thereof,  for  or  towards  any  of  his  then  pressing  oc- 
casions, as  aforesaid  ;  and  the  said  T.  T.  and  one  R.  S.  who  was,  or  is 
pretended  to  have  been  his  partner  at  that  time,  or  one  of  them,  accord- 
ingly, either  paid  away  the  said  draft  or  bill  as  money,  or  otherwise, 
raised  and  received  money  by  discounting  the  same;  and  they,  or  the  said 
O.  S.  or  one  of  them,  afterwards  paid,  or  caused  to  be  paid,  the  said  stun 
of  £         ,  when  or  soon  aft^r  the  same  became  dun,  in  discharge  of  the 


166  BILLS    UPON   PROMISSORY    NOTES. 

said  draft  or  bill,  in  pursuance  of  the  said  promise  or  agreement  of  the 
said  T.  T.  and  O.  S.  and  thereupon,  or  upon  some  other  occasion,  the 
said  draft  or  bill  was  returned  or  delivered  up  to  the  said  O.  S.  T.  T.  or 
R.  S.  or  some,  or  one  of  them,  and  the  same  is  now  in  their,  or  some, 
or  one  of  their  custody  or  power,  and  therefore  they  ought  to  deliver 
up  the  same  to  Plaintiff,  to  be  cancelled  ;  and  Plaintiff  hath,  at  several 
times,  applied,  5:c.  to  the  said  O.  S.  T.  T.  and  R.  S.  to  deliver  up  the 
same.     And  Plaintiff  well  hoped,  &c.    But  now.  Sec. 

Pretend,  that  Plaintiff,  at  the  time  of  accepting  the  said  draft  or  bill, 
or  at  some  time,  really  had  or  received  from  them,  or  some  or  one  of 
them,  some  considerable  sums  or  sum  of  money,  or  some  large  quantity 
of  deals,  or  some  goods  to  some  considerable  value,  as  or  for,  or  on  ac- 
count of  the  consideration  thereof,  or  otherwise  ;  that  Plaintiff  was  then 
indebted  to  them,  or  some  or  one  of  them,  in  money,  to  some  consider- 
able amount ;  and  that  Plaintiff  accepted  the  said  draft,  or  bill  on  some 
such  account,  and  not  on  such  account  as  aforesaid. 

Charge  contrary,  which  Defendants  will  at  times  admit,  but  the  said 
T.  T.  and  R.  S. 

Pretend,  that  they,  or  one  of  them,  paid  some  good  or  valuable  consi- 
deration to  the  said  O.  S.  for  his  indorsing  the  said  bill  or  draft  to  them, 
or  one  of  them,  or  that  he  was  then  justly  indebted  unto  them,  or  one  of 
them,  in  some  considerable  sum  or  sums  of  money  ;  and  that  he  indorsed 
and  delivered  over  the  same  to  them,  or  one  of  them,  in  discharge  of  or 
by  way  of  security  for  such  debt,  or  some  part  thereof,  and  that  neither 
of  them,  the  said  T.  T.  or  R.  S.  had,  before  or  at  the  time  of  such 
indorsement  or  payment  of  the  consideration  for  the  same,  any  notice 
whatsoever  that  Plaintiff  had  not  a  full  and  valuable  consideration  for 
accepting  the  said  draft  or  bill,  and  that  the  said  draft  or  bill  hath  ever 
since  remained  in  their  or  one  of  their  custody  or  power,  and  therefore 
the  said  T.  T.  and  R,  S.  insists  that  Plaintiff  is  liable  to  pay  the  said  sum 
of  £  unto  them. 

Charge  contrarij,  and  particularly  that  no  money  whatsoever  was  really 
and  honajide  paid  by  or  on  account  of  them  the  said  T.  T.  and  R.  S.  or 
either  of  tiiem,  to  or  for  the  use  of  the  said  O.  S.  as  or  for,  or  on  account 
of  the  said  O.  S.'sj  drawing  or  indorsing,  or  delivering  the  said  bill  or 
draft ;  nor  was  any  money  whatsoever  then  justly  due  from  the  said  O.  S- 
to  the  said  T.  T.  and  R.  S.  or  either  of  them  :  or  at  least  the  said  indorse- 
ment and  dtlivery  of  the  said  draft  or  bill  was  not  made  in  or  towards  the 
discharge  of  or  for  security  of  any  such  debt,  nor  on  any  other  account, 
er  for  any  other  purpose  than  as  aforesaid. 

Charge,  that  the  said  T.  T.  and  R.  S.  or  one  of  them,  before  or  at  the 
time  of  the  said  (>.  S.'s  indorsing  or  dehvering  the  said  bill  or  draft,  or 
either  of  them,  had  notice,  information,  belief  or  suspicion,  that  Plaintiff 


BILLS    UPON    PROMISSORY    NOTES.  157 

had  no  consideration  for  accepting  the  same,  but  only  accepted  the  same 
for  such  reason,  and  under  such  circumstances  as  aforesaid  ;  and  particu- 
larly, that  the  said  T.  T.  was  present  at  the  time  when  the  said  draft  or 
bill  was  drawn,  and  accepted  as  aforesaid,  and  was  privy  to  the  whole  of 
the  transaction  ;  and  therefore  Plaintiff  is  advised,  and  humbly  insists, 
that  he  ought  not,  in  equity,  to  be  subject  to  the  payment  of  the  said  sum 
of  £  ,  or  any  part  thereof,  but  the  said  bill  or  draft  ought  to  be  deli- 

vered up  as  aforesaid.  But,  nevertheless,  the  said  Defendants  refuse  to 
deliver  up  the  same ;  and  they,  or  some  or  one  of  them,  have  or  hath 
commenced  an  action  at  law  against  Plaintiff  in  his  Majesty's  Court  of 
King's  Bench,  in  the  names  of  them  the  said  T.  T.  and  R.  S.  on  Plain- 
tiff's acceptance  of  the  said  draft  or  bill ;  and  Plaintiff  not  being  able  to 
make  any  defence  in  such  action,  they  have  obtained  final  judgment  there- 
on for  the  said  sum  of  £  ,  besides  costs,  or  threaten  so  to  do.  And 
they  threaten  to  take  out  execution  on  such  judgment,  although  no  money 
whatsoever  is,  injustice  or  equity  due  to  them,  or  any  or  either  of  themj 
from  Plaintiff.    All  which^  &c.     To  the  end,  &c. 


)^.i  158 


SRCT.    VIII. — BILLS    UPON    MORTGAGE    MATTERS. 


Bill  by  Heir  at  Law  for  Redemption  of  Freehold  Lands. 

Humbly  complaining,  slioweth  unto  your  T.ord-sliip,  your  Orator  J.  G, 
of,  &c.  that  J.  (I.  the  elder,  late  of,  &c.  but  now  deceased,  and  E.  his 
wife,  now  also  deceased,  the  late  father  and  mother  of  your  Orator,  were 
in  right  of  the  said  E.  seised  in  fee-simple  of,  or  otherwise  well  entitled 
to,  two  freehold  fields,  6:c.  and  your  Orator  slieweth  that  the  said  J.CJ- 
the  elder,  and  E.  his  wife,  in  or  about  the  year  ,  made  some  cotjveyanre 
and  assignment  of  the  said  premises  unto  W.  B.  of,  &c.  the  Defendant 
hereinafter  named,  by  way  of  mortgage  for  securing  the  repayment  of  a 
certain  sum  of  money,  with  interest,  then  advanced  to  the  said  J.  G.  by 
W.  B.  or  by  J.  B.  then  of,  &c.  on  the  part  of,  and  as  the  agent  of  the 
said  W.  B. ;  and  your,  &c.  that  the  said  W.  B.  upon  or  soon  after  the 
making  of  the  said  security,  entered  into  the  possession  of  the  said 
mortgaged  premises,  or  into  the  receipt  of  the  rents  and  profits  thereof, 
and  hath  ever  since  continued  in  such  possession  and  receipt,  and  the 
said  W.  B.,  or  the  said  J.  B.  on  his  beiialf,  also  possessed  himself  of 
all  the  title  deeds  relating  to  the  said  premises  ;  and  your  Orator  further 
sheweth,  that  the  said  J.  G  the  elder,  departed  this  lite  in  or  about  the 
year  ,  and  that  the  said  E.  G.  having  survived  her  said  husband, 

departed  this  life  on  or  about,  &c.  intestate,  and  without  having  made, 
after  the  death  of  her  said  husband,  any  conveyance  or  disposition  of 
such  right  and  interest  as  she  retained  at  his  death  in  the  said  premises, 
leaving  your  Orator,  her  eldest  son  and  heir  at  law,  who  thereupon 
became  entitled  to  the  equity  of  redemption  of  the  said  mortgaged  pre- 
mises ;  and  your,  &c.  that  the  said  W.  B.  from  time  to  time  made  some 
small  payments  to  the  said  J.  G.  in  his  life-time,  and  after  his  death  to 
the  said  E.  G.,  out  of  the  rents  and  profits  of  the  said  promises  ;  and  the 
said  W.  B.  applied  the  greater  part  of  such  rents  and  protils  to  his  own 
use,  and  by  means  thereof  the  said  W.  B.  hath  been  more  than  repaid 
the  principal  and  interest  due  to  him  on  the  security  of  tlie  said  premises, 
and  your  Orator  hath  frequently  applied  to  the  said  W.  B.  and  requested 
him  to  come  to  an  account  for  the  rents  and  profits  of  the  said  premises, 
so  received  by  him,  and  to  pay  over  to  your  Orator  what  he  should 
appear  to  havr-  so  received  be}  ond  the  amount  of  the  principal  and  interest 
due  to  him.  and  to  deliver  up  the  possession  of  the  said  mortgaged  pre- 
mises :  and  your  Orator  well  hoped  that  the  said  Dotendant  wonld  havf 
rompliexl,  &c.    To  the  end  therefore,  »Vr. 


BILLS    rPON    MORTGAGE    MATTERS^  159 

Prayer, 

Ajnd  iliat  the  said  Defendant  may  answer  the  premises,  and  that  au 
af:coiint  may  be  taken  of  what,  if  any  thing,  is  due  to  the  said 
Defendant  for  principal  and  interest  on  the  said  mortgage,  and  that 
an  account  may  also  be  taken  of  the  rents  and  profits  of  the  said 
mortgaged  premises,  which  have  been  possessed  or  received  by  the 
said  Defendant,  or  by  any  oilier  person  or  persons  by  his  order  or 
for  his  use,  or  which,  without  his  wilful  default  or  neglect,  might 
have  been  received  ;  and  that  if  it  shall  appear  that  the  said  rents 
and  profits  have  been  more  than  sufficient  to  satisfy  the  principal 
and  interest  of  the  said  mortgage,  then  that  the  residue  thereof  may 
be  paid  over  to  your  Orator  ;  and  that  your  Orator  may  be  permit- 
ted to  redeem  the  said  premises,  your  Orator  being  ready  and 
willing,  and  hereby  offering  to  pay  what,  if  any  thing,  shall  appear  to 
remain  due  in  respect  of  the  principal  and  interest  on  the  said  mort- 
gage ;  and  that  the  said  Defendant  may  be  decreed  to  deliver  up 
possession  of  the  said  mortgaged  premises  to  your  Orator,  or  to  such 
person  as  he  shall  direct,  free  from  all  incumbrances  made  by  him, 
or  any  person  claiming  under  him,  and  may  deliver  over  to  your 
Orator  all  deeds  or  writings  in  liis  custody  or  power  relating  to  the 
said  mortgaged  premises.     And  f«r  further  relief. 

J.  L. 

Vray  Suhpasna  against  W.  B. 

N.  B.  This  bill  was  filed  by  the  heir  at  law  conceiving,  that  some 
undue  mfluence  had  been  resorted  to  by  the  Defendant,  in  the 
possession  of  the  estate,  and  therefore  the  object  of  the  bill  is  to 
discover  the  Defendant's  title,  and  it  is  framed  in  the  shape  of  a 
bill  of  redemption,  as  for  a  mere  bill  of  discovery  it  would  have 
been  liable  to  a  demurrer;  and  to  avoid  that  fate,  the  interrogating 
part  must  be  confined  to  the  mere  facts  stated,  and  not  ask  for  tlif; 
Defendant's  title. 


Bill  of  Foreclomre. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orutor  C  L. 
of,  &,<-..  that  C.  H.  of,  &c.  the  Defendant  hereinafter  named,  being,  or 
pretending  t»,be,  seised  of,  or  well  entitled  in  fee-simple  to  the  reversion 
of  and  in  the  lands,  hereditaments,  and  premises  hereinafter  mentioned, 
subject  to  a  term  of  years  from  the  day  of  ,  foi' 

wlwrh  terra  the  said  C.  H,  had   demised  llje  ,said  ^vemiseS;  by  xvny  of 


160  BILLS  UPON  M0RT6AGE  MATTERS. 

raortgage,  for  securing  the  sum  of  £  then  due  to  one  I.  W.  and 

being  in  want  of  the  sum  of  £  to  pay  ofl'  the  said  mortgage  and 

also  of  the  further  sum  of  £  for  his  own  use,  the  said  C.  H.  did, 
in  or  about  the  month  of,  Szc.  apply  to  and  request  your  Orator  to  ad- 
vance and  lend  him  the  said  sum  of  £  ,  upon  the  security  or  mortgage 
of  the  said  premises  ;  and  your  Orator  having  agreed  thereto,  did  accord- 
ingly advance  and  pay  the  said  smn  of  £  to  the  said  I.  W.  and  the 
said  sum  of  c£  to  the  said  Defendant,  and  thereupon,  for  securing  the 
repayment  of  the  said  £  with  interest  for  the  same,  at  and  after 

the  rate  of  5  per  cent,  per  annum,  in  and  by  a  certain  indenture  bearing 
date  on  or  about,  &c.  duly  made  and  executed  by  and  between  the  said 
i.  W.  therein  described,  of  ,  &c.  of  the  first  part,  the  said  Defen- 

dant C.  H.  of  the  second  part,  and  your  Orator  of  the  third  part,  after 
reciting  an  original  indenture  of  mortgage  of  the  said  premises,  and  two 
several  assignments  thereof,  it  was  witnessed,  &c.  but  subject  never- 
theless to  a  proviso  or  condition  of  redemption  on  payment  by  the  said 
C.  li.  his  heirs,  executors,  administrators,  or  assigns,  unto  your  Orator, 
his  executors,  administrators,  and  assigns,  of  the  said  sum  of  £  ,  together 
with  interest  for  the  same,  at  and  after  the  rate  of  5  per  cent,  per  annum, 
on  the  day  of  then  next  ensuing,  as  in  and  by,  &ic. ;  and 

your,  &c.  that  the  said  sum  oi  £  ,  or  any  part  thereof,  was  not  paid 

to  your  Orator,  or  any  other  person  on  his  account,  at  the  time  limited 
and  appointed  in  that  behalf,  in  and  by  the  said  indenture,  but  default 
was  made  in  the  payment  thereof,  whereby  the  legal  estate  and  interest 
of  and  in  the  said  tan  yard  and  premises,  for  the  residue  of  the  said  term 
of  years,  became  vested  in  your  Orator,  redeemable  nevertheless  in 

equity,  on  payment  of  the  principal  and  interest  due,  and  to  become  due 
thereon ;  and  your,  (Sec.  that  the  whole  of  the  said  principal  sum  of 
£  being  still  due  and  owing  to  your  Orator,  together  with  a  large 
arrear  of  interest  thereon,  your  Orator  hatli  by  himself  and  his  agents, 
frequently  applied  to  the  said  C.  II.  to  pay  to  your  Orator  the  said  prin- 
cipal monies  and  interest,  or  else  quietly  and  peaceably  to  deliver  up  to 
your  Orator  the  possession  of  the  said  mortgaged  premises,  and  to  release 
all  his  right  title  and  equity  of  redemption  of  and  to  the  same,  for  the 
residue  of  the  said  term  of  years  ;  and  your  Orator  well  hoped,  but  now, 
&:c.  iVe^crt''/s  that  your  Orator  never  advanced  the  said  sum  of  of  , 
or  any  part  thereof,  on  such  security  as  aforesaid,  but  at  other  times  he 
will  admit  the  same  ;  and  then  he  pretends  that  he  halh  fully  paid  the  said 
principal  money  and  all  interest  due  thereon.  Charges  contrary.  And 
the  said  Defendant  at  other  times  pretends  that  there  are  many  other 
diarges,  mort'/ai,<'.s,  and  incunibrances,  all'eeting  the  said  premises,  made 
and  executed  by  liiin,  or  some  person  or  persons  under  whom  he  claims 
jiriorjty  in  point  of  lime  to  the  albre^ald  indenture,  by  the  particulars 


BILLS  UPON  IIORTGAGE  MATTERS.  ICl 

uf'ieoi,  or  whcii,  or  by  \vl/oni  made,  or  for  wliat  consideration,  or  what 
js  MOW  due  thereon,  the  said  Defendant  refuses  to  discover;  all  which, 
&c.  to  tlic  end,  &c.  (^Ltterroffate  to  each  fact.)  And  whether  there  are 
any  other  and  what  inorigages,  charges,  or  incumbrances  aflfecting  the 
said  mortgaged  premises  ;  and  that  the  said  Defendants  may  set  forth  and 
discover  the  full  particulars  thereof,  and  when  and  by  whom  made,  and 
for  what  consideration  or  considerations,  and  what  is  now  due  thereon, 
and  to  whom. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises ;  and  that  it 
may  be  referred  to  one  of  the  Masters  of  this  honorable  Court,  to 
take  an  account  of  what  is  due  to  your  Orator  for  principal  and 
interest  on  his  said  mortgage,  from  the  said  Defendant;  and  that 
the  said  Defendant  may  be  decreed  to  pay  to  your  Orator  what  shall 
be  found  due  on  such  account  by  a  short  day  to  be  appointed  by 
this  honorable  Court  in  that  behalf,  together  with  your  Orator's 
costs,  and  in  default  thereof,  that  tue  said  Defendant,  and  all  per- 
sons claiming  under  him,  may  be  for  ever  barred  and  foreclosed  of 
and  from  all  right  atid  equity  of  redemption  of,  in,  and  to  the  said 
mortgaged  premises,  or  any  part  theieof,  for  the  residue  of  the  said 
term  of  years,  and  may  deliver  up  to  your  Orator  all  deeds, 

papers,  and  writings  in  his  custody  or  power,  relating  to  or  con- 
cerning the  said  mortgaged  premises.     And  for  further  relief. 


Bill  to  foreclose  and  to  redeem  a  Trust  Term. 

States,  that  F.  R.  was  seised  in  fee-simple  of  premises  subject  only  to 
the  payment  of  =£*  ,  the  portions  of  his  sisters  M.  R.  and  A.  R. 

by  virtue  of  the  will  of  tlieir  father. 

States  applications  to  H.  B.  for  the  £  agreement  to  bind  the 

money  and  indentures  of  L.  and  R. 

States  the  advancing  the  £  and  £  to  H.  C  by 

the  complainant,  and  £  to  F.  K.  and  the  conveyance  from 

B.  to  R.  to  the  complainant. 

States,  that  F.  W.  of,  &c.  and  S.  J.  late  of,  &c,  intending  to  harass 
and  perplex  Oratrix,  did,  in  Easter  Term  last,  cause  an  action  of  trespass 
and  ejectment  to  be  brought  in  his  Majesty's  Court  of  K.  B.  for 
the  recovery  of  the  possession  of  the  said  mortgaged  premises,  and  did 
cause  declaiation  therein  to  be  delivered  to  R.  M.  tenant  in  possession 
of  considerably  the  greater  part  of  the  said  premises,  to  which  ejectment, 
Oratrix,  by  rule  of  said  Court  of  K.  B.  did  cause  herself  to  be  m^de 

22 


]02.  BILLS   UPON   MOILTGAUi:  MATTERS. 

Defendant  in  t!ic  room  ot"  the  c;i:^unl  ejccloi;.  ;iiid  llie  said  cause  i-oming 
on  to  be  trisui  at  the  last  assi/.cs  in  and  lor  llie  county  ol"  S..  the  Jmy 
sworn  for  tiiat  pur|)ose  <lid  find  a  verdict  for  the  ^lain'il^^,  tlie  said  F.  \V. 
and  S.  J.,  and  lessors  for  the  i'laintitf  proved  a  tru.>t  term  of  years 

to  tlieu},  of  most  part  of  the  said  mortgaged  [vremisea,  by  the  will  of  the 
said  I.  R.  deceased,  late  father  of  the  said  F.  U.  deceased. 

States  the  trusts  of  the  term. 

."^tates  that  the  personaliv,  ami  some  piemises  in  possession  of  the 
Trustees  were  sufficient  to  answer  trusts,  aiui  that  they  were  actually  an- 
swered. 

And  Oratrix  w»  11  hoped  that  the  said  F.  K.  would  either  have  paid  your 
Oratrix  the  said  sum  of  ^£'  ,  and  the  interest  thereof,  at  the  rate  afoj^- 

fcaid,  or  that  he  and  the  said  F.  \V.  v/ould  have  sufleied  your  (/ratrix 
peaceably  and  ([uietly  to  have  enjoyed  ihe  posses^ion  of  the  said  pi'eniises, 
and  for  that  purpose  Oratrix  lialh  fre(juent!y  applied  hersell'  to  the  said 
F.  II.  and  recjuested  him  to  ])uy  the  said  sum  of  .t'  ,  and  the  inteieL;t 

due  for  the  same,  or  else  to  deliver  possession  quieily  to  your  Oratrix  of 
the  said  mortgaged  premises,  together  with  all  deeds,  iS.c.  relating  to  and 
concerning  the  same,  and  to  release  all  his  right  and  equity  of  redemp- 
tion to  the  same  premises,  to  your  Oratrix  and  her  heirs ;  and  your 
Oratrix  hath  also  a})plied  herself  to  the  said  F.  W.  and  S.  J.  in  his  life- 
lime,  to  assign  to  her  the  said  trust  term  of  years,  limited  to  theai 
by  the  willof  the  said  1.  R.  as  aforesaid,  the}'  well  i^nowing  that  the  trusts 
of  the  said  term  were  fully  di;>charged.  Ami  yuur  Oratrix  well  hoped, 
Arc. 

Pretends  that  the  i)iemises  were  in  mortgage  to  some  other  ])ersons, 
for  recovery  of  some  considerable  sum  of  moiiey,  and  at  the  time  the  moi  t- 
gage  was  made  to  the  said  11.  13.,  he,  llie  said  F.  R.  had  only  the  equity 
of  redempiion  of  the  same. 

ChargcH,  that  no  mortgage  was  made  of  the  premises  by  the  said  F.  R, 
or  any  other  person,  prior  to  the  said  mortgage  to  the  said  II.  13.  or  if 
any  such  there  is,  that  the  same  is  voluntary  and  fraudulent,  and  made 
\ulhout  any  consideration,  but  that  the  said  F.  ii.  was  seised  and  po^se5sed 
of  the  legal  estate  of  and  in  the  said  premises,  at  the  time  of  the  execu- 
tion of  the  said  mortgage  to  the  said  H.  D.  as  aforesaid. 

Vreteii'U  that  he  hath  confessed  judgments,  iVc.  «.Vc.  And  the  said 
1".  W.  as  the  surviving  Trustee,  insists  he  is  enlilhd  lo  hold  the  premises 
i,o  devised  to  them,  the  said  F.  W.  and  S.  J.,  by  the  will  of  the  said 
1.  R.  as  aforesaid,  for  tl>e  remainder  of  the  trust  term  of  years, 

somelinK's  pretending  t'lere  are  several  debts  of  the  said  I.  R.  undis- 
charged, but  th;.'  said  F.  V\'.  refuses  to  discover  the  amount  of  the  said 
pretended  unsatiified  dt.'bts  of  tlie  said  I.  R.  ov  to  whom  or  on  what 
account  tliev  are  due.  oi  how  the  same  arc  secured. 


BILLS    UPON   MORTGAGE  ?,IATTEI15.  163 

Charges,  tliat  all  tlic  drhls  of  the  said  I.  11,  aro  paid,  aiul  at  other 
tiiiu's  the  said  F.  W.  pretfixls  that  the  IbrtiiDes  of  ihe  said  daughters  ol" 
the  said  I.  11.  the  Testaloi'.  directed  to  be  raised  by  hi-i  m  ill  as  aforesaid, 
or  some  considerable  part  thereof,  ^el  remains  unsatisfied,  and  a  charge 
upon  the  said  [)remises. 

Charges,  that  llie  personal  estate  of  tlie  sai<l  I'estator  T.  U.,  and  the 
premises,  directed  by  his  said  will  to  be  sold  Un-  payment  oj"  his  debts, 
were  more  than  siiftu-ient  for  that  ])urp.,se;  or  if  the  same  fall  short  of 
payment  thereof,  the  said  F.  W.  and  S.  I.  paid  the  same  o-it  of  the 
rents  aad  pro!its  of  t!ie  said  trust  premises  which  came  to  their  hands  to 
a  very  considei-aI)le  amoant,  and  were  more  than  suHicient  not  only  to 
make  good  any  deficiency  in  t!ie  fund  ap>proi)riated  fVn-  payment  of  ihi' 
said  Testator's  debts,  but  also  to  have  discharged  the  fortunes  directed  to 
have  been  raised  tor  the  said  Testator's  tliree  daughters,  all  of  which 
your  Oratrix  charges,  that  if  the  said  F.  W.  did  not  apjilv  such  sums  of 
money  as  they  received  by  the  rents  and  profits  of  the  said  trust  premi-es 
in  discharge  of  the  said  Testator's  debts,  and  other  the  trusts  in  llieni 
reposed,  but  dis]X)sed  of  t!ie  same,  or  any  part  thereof",  to  or  for  any 
other  purposes,  that  the  said  F.  W.,  the  surviving  Trustee,  ought  to 
answer  such  sums  as  has  been  paid  out  of  the  rents  ajoresaiil,  out  of  his 
own  proper  ejects. 

Pretemh,  that  altiiough  the  trusts  of  the  said  term  of  years  are 

fully  performed  and  discharged,  yet  he  is  entitled  to  hold  tht^  said  pre- 
mises for  t!je  remainder  of  years  for  his  own  use  and  benefit, 
and  that  he  will  not  assign  the  san^e  ;  and  t!ie  said  M.  M.  pretends,  t'lat 
she  is  entitled,  to  some  wcvy  consid("rable  sum  of  money  irom  the  said  |)re- 
mises,  by  virtue  of  the  will  of  her  father,  the  said  I.  IL,  not  only  on 
account  of  her  own  fortune,  and  the  interest  thereof",  I)ut  also  on  ac- 
count of  D.  W.  deceased,  late  one  of  t'je  daughters  of  th.e  said  I.  I?., 
alleging  that  the  said  D.  f'.  did  by  some  deed  or  writing,  or  b)^  her  last 
will  appoint  the  payment  of  X  ,  being  her  fortime,  to  or  in  i"avor 
of  her  the  said  M.  il.  :  and  liie  said  iM.  11.  insists  lliat  the  said  F.  \V., 
the  surviving  Trustee,  iseutided  to  hold  tlie  said  |)remises  unlJl  such  time 
as  her  said  demands  therein  are  fully  satisfied  and  paid. 

Charges,  that  the  said  sum  of  £  hereinbefore  mentioned  to  have 
been  borrowed  !>y  the  said  F.  R.  from  the  said  IT.  15.  wr.s  boirov<e<l 
at  the  request  and  with  tlie  privily  of  the  said  iM.  W.  to  (iischarge  the 
fortunes  so  given  to  her  and  the  sai«i  I).  R.  deceased,  by  their  said  fathei" 
I.  R.,  and  that  the  sum  £  was  accordingly  paid   by  the  said  F. 

K.  to  the  said  M.  and  A.  R.,  and  that  the  said  A.  R.  is  now  in  a  nunnery 
in  Prance. 

Charges,  that  the  fortune  of  the  said  D.'wan  paid  to  her  in  Uor  Uf"?^ 
time,  and  that  the  said  premises  are   svell   au<.l   sulTicienlly   exonerated 


164  bills;  upon  mortgage  3iATTEKt. 

therefrom,  and  the  said  F.  R.  having  contracted  many  considerable 
debts,  and  having  declared  himself  insolvent,  and  been  discharged  from 
the  King's  Bcncli  prison,  under  the  last  act  of  Parliament  for  the  Re- 
lief of  Insolvent  Debtors,  they  the  said  I.  T.,  ^^c.  having  lately  obtained 
an  assessment  of  the  estate  and  effects  of  him  the  said  F.  R.  from  F.  L. 
the  clerk  of  the  peace  for  the  county  of  S.  under  tlie  late  Insolvent 
Act  set  up  some  claims  upon  the  said  estates,  in  right  of  the  said  F.  R. 
and  particularly  allege,  that  the  said  F.  R.  was  only  tenant  in  tail  of  the 
said  estates. 

Charrres,  that  the  said  F.  R  suOVrcd  a  recovery  of  the  said  estates, 
and  declared  the  uses  thereof  to  himself  in  fee. 

Pretend,  that  the  demands  of  the  said  M.  R.  on  the  said  premises  are 
just  and  reasonable,  and  that  the  said  F.  R.  did  not  borrow  the  said  sum 
of<£  from   the  ?aid   11.   B.   to  discharge  the   fortunes  of  the  said 

]M.  and  A.  R.,  or  that  if  it  were  borrowed  for  that  purpose  he  the  said 
F.  R.  neglected  accordingly. 

C/ianres,  that  the  said  indenture  of  mortgage  to  the  said  H.  B. 
expressly  mentions,  that  the  said  sum  of^  was  borrowed  by  the 

said  T.  R.  in  order  to  pay  the  fortunes  of  his  sisters,  the  said  M.  and 
A.  R.,  and  that  the  said  indenture  of  mortgage  expressly  declares,  that 
the  said  M.  R.  had  paid  his  sisters  their  fortunes  ;  and  the  said 
F.  R.  well  knows  tliat  the  said  sum  of  <£  was  paid  accordingly,  and 

that  he  the  said  F.  R.  did  take  some  discharge  or  acquittance  for  the 
same  from  the  said  M.  and  A.  R.  which  he  1ms  either  destroyed  or  now 
conceals  in  order  to  defraud  his  just  creditors,  and  to  encourage  and 
support  the  fraudulent  designs  of  his  sister,  the  said  31.  R. 

Admit,  that  he  has  paid  his  said  sister,  the  said  A.  R.,  her  fortune, 
though  he  refused  to  pio(hice  any  release  for  (he  same  but  pretends 
that  the  said  fortune  of  the  said  D.  R.  deceased,  is  unsatisfied,  and  a 
cliarge  upon  the  premises. 

Charges,  that  the  said  D.  C  did,  some  years  ago,  receive  her  said 
fortune,  and  did  not  make  any  appointment  thereof  by  will,  or  otherwise, 
to  or  in  favor  of  the  said  M.  R.,  or  if  slie  did  make  the  same,  such  ap- 
pointment is  null  and  void,  she  i!ic  said  D,  R.  having  at  the  time  of  her 
death  no  just  claim  of  the  said  pwrnises. 

Pretends,  that  the  said  premises,  in  mortgage  to  your  Oratrix,  arc  also 
in  mortgage  to  him  with  other  the  estates  of  the  said  F.  R.  for  securing 
the  repayment  of  a  very  !arge  sum  of  money  lent  with  interest,  but  the 
said  W.  11.  refuses  to  discover  the  date  or  contents  of  such  mortgage, 
sometimes  pretending  that  it  is  prior  to  your  Oratrix's  title. 

Charges^  that  if  tlir  said  W.  II.  had  any  mortgage  or  incumbrance  on 
the  said  premises,  with  other  estates  of  the  said  F.  R.,  that  the  same  is 
made  for   the  payment  of  a  much  larger  sum  of  money  than  was  truly 


BILLS  UPON  MORTGAGE  MATTERS.  165 

eiit  and  advanced  to  the  said  F.  R.,  and  that  the  same  is  subsequent  to 
your  Oratrix's  title,  and  ought  to  be  postponed  thereto ;  and  the  said 
W.  H.  &:c.  pretend  that  they  are  entitled  to  the  equity  of  redemption  of 
and  in  tlie  said  mortgaged  premises,  in  trust  for  the  creditors  of  the  said 
F.  R.,  under  and  by  virtue  of  some  conveyance  thereof  t<^  them  made 
by  the  said  F.  R.,  but  refuse  to  discover  the  date  and  contents  thereof, 
and  the  said  W.  H.,  &c.  refuse  either  to  pay  unto  your  Oratrix  the  prin- 
cipal and  interest  due  to  her  upon  and  by  virtue  of  the  said  before-men- 
tioned mortgage,  or  to  release  to  your  Oratrix  and  her  heirs  tiie  equity, 
of  redemption  of  and  in  the  said  mortgaged  premises,  without  the  direc- 
tion or  indemnity  of  this  honorable  Court.     All  which,  &c. 

Prayer. 

That  an  account  may  be  taken  of  what  is  due  to  your  Oratrix  upon 
her  aforesaid  security  of  the  said  £  and  interest,  and  in  case 
any  thing  shall  appear  to  be  due  under  the  trusts  of  the  said  term 
of  years,  that  your  Oratrix  may  be  at  liberty  to  redeem  the  same  ; 
and  that  what  your  Oratrix  shall  pay  in  redemption  of  the  said  term 
of  years,  with  subsequent  interest  computed  thereon,  may  be 

added  to  what  shall  be  found  due  to  your  Oratrix  npon  her  said 
security  ;  and  that  the  said  several  Defendants  may  be  decreed,  by 
a  short  day  to  be  limited  by  this  honorable  Court,  to  pay  to  your 
Oratrix  the  whole  of  what  shall  appear  to  be  due  to  her  as  afore- 
said, or  in  default  thereof  that  they  may  be  barred  and  absolutely- 
foreclosed  of  and  from  all  right  and  equity  of  redemption  of  the 
said  mortgaged  premises,  and  deliver  up  to  your  Oratrix  all  deeds 
and  writings  in  their  custody  or  power  belonging  to  or  relating  to 
the  said  mortgaged  premises ;  and  that  the  said  F.  W.  and  M.  R. 
may  be  restrained  by  the  injunction  of  this  honorable  Court  from 
proceeding  further  by  law  to  recover  possession  of  the  said  mortgaged 
premises  ;  and  that  a  receiver  may  be  appointed  by  this  honorable 
Court  of  the  said  mortgaged  premise?.     And  for  further  relief. 

—  M. 
Pray  Suhpmna  against  F.  R. 
viortgagor,  F.  W.  holder  of  the 
term  ;  M.  R.  and  A.  R.  sisters  to 
F.  R.  claiming  under  the  trusts 
of  the  term;  H.  W.,  <^c.  Sfc.  as- 
signees for  the  creditors  under 
tjte  act  of  insoltJcnc]/ . 


166  BILLS  UPON  MORTGAGE  MATTERS. 

Bin    hij   Mort.^afree   asya'uut    Mort<ya2;or  for    Dfliecry   of 
Title  Deeds  under  an  Undertaking  for  that  Purpo^e^  and 
an    Injunetion    to   restrain  from   defeating   Plaintiff^s 
priority,  by  delivering  Deeds  to  a  second  Mortgagee. 

Ilmiildy  coiiiplaiiiinc',  sliou-eth  Diito  your  Lnrdsliip,  yonr  Orntiix, 
I.  Y.  of,  &c.  that  by  iiuU'iUures  of  loa^o  Jind  release^,  l)(\'irint(  dale  resprr- 
tivoly  tliP,  «S.-c.  and  niado  or  pxpiv^jsod  to  he  mado,  Ix-tween  M.  W.  of, 
&:<:.  tl)e  Defendant  hereinafter  named,  and  II.  i*.  of,  iS:c.  a  Trustee  in 
whoin  th(>  legal  estate  and  interest  of  and  in  the  hereditaments  tlierein 
mentioned,  was  then  vested  jointly  witli  and  in  tni:>t  for  the  said  M.  W.  of 
the  onepart,  andyour  Oratrix  of  tlif  oilier  part.  Reritjng',  fv:c.  (heing  the 
mortgage  deed  of  tlse  security  of  C  and  interest,  the  snm  lent  to 

INI.  W.  the  mortgagor.)  And  your,  da-,  that  by  indenlme  of  assign- 
ment, bearing  date  on  or  abont,  6cc.  between,  Src.  (being  an  assignment 
of  a  term  of  years  for  further  security,)  as  in  and  by,  (S:c.     And 

your,  &c.  tliat  at  the  tin7e  the  said  seveial  mortgage  securities  were  de- 
livered to  \()ur  Oratrix,  or  toiler  solicitor,  the  title-deeds  of  tlie  said 
mortgaged  premises  were  not  given  iij)  with  them,  but  the  solicitor  or 
agent  of  the  said  INI.  W.,  signed  and  delivered  a  memorandnin,  in  writing. 
in  the  words  and  figures,  or  to  the  purport  and  efliect  following,  (that  is 
lo  say,)  I  <io  hereby  umlertake,  Sec.  (to  deliver  the  said  deeris  and 
writings,)  as  in  and  by,  iS:c.  And  y<»in',  t^.c.  that  yonr  Oratrix  being 
advised  that  lier  mortgage  was  not  secure  without  a  deliver}-  of  the  tiile 
deeds  of  the  premises  comprised  therein,  your  Oratrix,  by  herself  and 
her  solicitors,  caused  fiequcnt  apfjlications  to  lie  made  to  the  said  De- 
fendant and  to  his  solicitor  fo\-  that  purpose;  and  your  Oratrix  sheweth, 
that  the  ?aid  Defendant  fiom  time  to  time  evaded  the  delivery  of  the  said 
title  deeds,  alleging  that  other  property  to  a  great  amount  was  included 
in  the  same  conveyance  to  him,  and  that  lie  intend*  d  to  sell  some  part 
of  the  said  estate,  and  to  pay  olTthe  said  sinn  of  i'  anil  interest;  and 
your  Oratrix  sheweth  that  her  solicitor  hath  proposed  to  the  said  De- 
fendant, that  he  should  retain  the  said  title  deeds,  provided  a  memorandum 
of  the  mortgage  made  to  your  (.)rat)ix  \vcr('  indorse*!  on  his  conveyance 
of  the  whole  estate,  and  an  attested  copy  of  that  conveyance  wer^  fur- 
nished to  your  Oratrix,  together  with  a  deed  of  covenant  from  the  said 
Defendant  to  produce  the  said  title  deeds  when  re(|uired  ;  and  your 
Oratrix  sheweili  that  the  said  Defendant  hath  lately  signified  that  he  had 
no  objection  to  ihc  proposed  memorandum  being  indorsed  on  his  convey- 
ance at  the  exjKii^e  of  your  Oratrix,  but  hath  given  no  ans\\er  to  the 
other  terms  of  the  said  propo>al  of  yoisr  Oratrix's  solicitor,  and  still  per- 
sists in  his  rei'usal  to  deliver  u])  the  said  title  deeds;  and  the  said  M.  \V. 


IJILLS    UPON    MORTGAGE    MATTERS.  167 

tlircatens  and  iiit<Muls  to  borrow  some  further  sum  of  money  on  the  secu- 
rity of  tlio  said  mortgaged  premises,  and  to  defeaX  the  priority  of  your 
Oratrix's  th\im  thereon  by  a  delivery  of  the  title  deeds  to  such  second 
mortgagee,  unless  he  shall  be  rest)  ained  therefrom  by  the  order  and  in- 
iunction  of  this  honorable  Court  j  and  your  Oratrix  sheweth  that  the 
said  Defendant  hath  now  in  his  custody  or  power  the  title  deeds  and 
writings  of  the  said  mortgaged  premises,  and  ought  to  set  forth  a  list  or 
schedule  thereof.     To  the  end,  &c. 

Prayer. 

\nd  that  the  said  Defendant  may  answer  tlie  premises.  And  that  the 
said  M.  \Y.  may  be  decreed  to  deliver  up  to  your  Oratrix  the  title 
deeds,  instruments,  and  writings,  relating  to  or  concerning  the  said 
premises  so  conveyed  to  your  Oratrix  by  way  of  mortgage  as  afore- 
said, or  otherwise,  to  repay  to  your  Oratrix  the  said  sum  of  £ 
together  with  all  interest  thereon ;  and  that  in  the  mean  time  the 
said  Defendant  may  be  restrained  by  the  injunction  of  this  honor- 
able Court  from  delivering  the  said  title  deeds  and  writings  to  any 
subsequent  mortgagee,  so  as  to  deleat  the  priority  of  your  Oratrix's 
claim  on  the  said  mortgaged  premises.     And  for  further  relief,  &c. 

J.  I.. 


In  the  Exchequer. 

Bill  by  the  Devisee  of  an  Equity  of  Redemption,  against 
the  Executor  of  Mortgagor,  who  had  taken  an  Assign- 
ment of  the  Mortgage,  charging  that  the  Money  was 
paid  to  the  Mortgagee  from  the  Assets  of  the  Testator, 
the  Executor  being  also  Heir  to  the  Testator. 

Humbly  complaining,  shew  unto  your  Honors,  ynui  Orator  and  Ora- 
trix, T.  11.  of,  &c.  and  li.  his  wife,  late  II.  C.  spinster,  daughter  oil. 
C.  the  elder,  late  of,  &c.  deceased,  debtors  and  accountants.  Sec. 

That  the  said  I.  C.  being  seised  to  him  and  his  heirs,  or  otherwise  well 
entitled  to  some  and  suflicient  estate  of  inheritance,  of,  in  or  to  mes- 

suages or  tenements,  situate,  Sec.  with  the  appurtenances, duly  made  or  exe- 
cuted a  certain  indenture,  bearing  date,  &c.  and  thereby,  in  consideration 
of  the  sum  of  £  ,  or  some  such  sum,  paid  to  him  by  S.  S.  ot".  Sec.  de» 
mised  or  otherwise  conveyed  to  the  said  S.  S.  her  executors,  &c.  the 
said  messuages,  &c.  for  the  term  of  years,  or  some  other  num- 
ber of  j'cars,  but  subject  to  a  proviso  o."  condition  therein  contained  for 


168  BlLLb    Ll'ON    .MORTGAGE    MATTERS. 

redemption  of  the  same,  on  jjaymcnt  by  the  said  I.  C.  his  heirs  or  assigius. 
of  the  said  sum  of  £  ,  or  other  sun;  so  paid  to  him  as  aforesaid, 
unto  the  said  S.  S.  her  executors,  &c.  witli  such  interest  for  the  same, 
and  at  such  time,  and  in  such  manner  as  is  therein  mentioned,  as  by,  Scv. 
That  the  said  mortgage  money  was  not  paid  at  the  day  or  time  stipu- 
lated by  the  said  indenture  for  payment  thereof,  but  was  continued  at 
interest,  and  there  being  years  interest  or  thereabouts  due  thereon, 
in  or  about,  &:c.  the  said  I.  C.  actually  paid  the  same  to  her  the  said  S.  S. 
That  sometime  afterwards,  and  while  the  said  mortgage  money  re- 
mained unpaid,  that  is  to  say,  on  or  about,  &c.  he  the  said  1.  C.  died,  but 
before  his  death  duly  made  and  published  his  last  will  and  testament  in 
writing,  bearing  date,  <l-c.  and  thereby,  amongst  other  things,  gave  and 
devised  to  Oratrix  his  daughter,  <S:c.  (aforesaid  mortgaged  premises  in 
fee,  and  appointed  JNI.  C.  executor,  Szc.)  as  by,  &c. 

That  upon,  or  soon  after  the  decease  of  the  said  I.  C.  the  Testator, 
the  said  M.  C.  duly  proved,  &c.  and  possessed  personals  sufficient  to  pay 
debts,  &c.  and  Plaintifl's,  in  right  of  Oratrix,  became  entitled  under  the 
said  will  to  the  said  messuages.  Sec.  subject  to  the  aforesaid  mort- 
gage, and  they  have  since  suflered  a  common  recovery  thereof,  and  de- 
clared the  uses  of  the  said  recovery  to  and  in  trust  for  Plaintiff  ancT  his 
heirs,  whereby  he  is  become  entitled  to  the  equity  of  redemption  of  the 
said  premises. 

That  shortly  after  the  decease  of  the  said  I.  C.  he  the  said  M.  C. 
having  by  means  of  the  said  personal  estate  and  effects  of  the  said  Tes- 
tator, or  of  his  own  proper  monies,  paid  to  the  said  S.  S.  what  was  due 
to  her  for  princi|)al  and  interest  upon  her  said  mortgage,  privately  took 
an  assignment  thereof  from  her,  and  by  means  thereof,  as  being  the  only 
son  and  heir  at  law  of  his  said  late  father  the  said  Testator,  prevailed 
npon  the  tenants  of  the  said  messuages,  &c  to  pay  him  the  rent 
which  became  due  for  the  same  respectively  after  the  said  assignment, 
and  being  then  in  the  possession  of  the  residue  of  the  sai<l  premises,  as 
tenant  to  his  said  late  father,  continued  in  the  possession  thereof,  and 
hath  ever  since  continued  in  the  receipt  of  the  rents  and  profits  of  the 
said  other  premises. 

That  being  so  entitled  to  the  equity  of  redemption  of  the  said  mort- 
gaged premises  as  aforesaid.  Plaintiffs  have  frequently  applied  to  the  said 
IM.  C.  and  desired  him  to  inform  Plaintiffs  what  had  been  paid  by  him 
to  the  said  S.  S.  in  the  discharge  of  principal  or  interest  on  the  said 
mortgage,  and  how  much  was  actuaHj-  and  bona  fule  due  tliereon  at  the 
lime  the  said  mortgage  was  so  assigned  to  him,  and  what  sum  or  sums 
of  money  had  come  to  liis  hands  on  account  of  the  rents  and  profits  of 
the  said  messuages,  &c.  and  what  sum  of  money  became  or  was  due 
to  PI  Intiff  since  the  death  of  the  said  Testator,  for  or  in  respect  of  the 


BILLS    UPON    MORTGAGE    MATTERS.  169 

premises  so  possessed  or  occupied  by  him  as  aforesaid,  in  order  to  ascer- 
tain what,  after  all  just  and  reasonable  allowances,  remained  due  for 
principal  and  interest  on  the  said  mortgage,  so  as  to  enable  I'lJntiff  to 
redeem  the  same,  in  case  it  should  appear  same  had  not  been  satisfied  by 
or  out  of  the  personal  estate  and  effects  of  the  said  I.  C.  the  said  Testa- 
tor. And  Phiintilfs  hoped,  &c.  And  in  case  it  should  appear  that  the 
said  mortgage  had  been  so  satisfied  by  him  out  of  such  personal  estate, 
or  if  otherwise,  that  upon  Plaintiff's  paying  to  him  what  remained  due 
for  principal  and  interest  on  the  said  mortgage,  after  all  just  and  reason- 
able allowances,  he  would  have  assigned  the  said  mortgage  to  or  in  trust 
for  Plaintiff  or  his  heirs,  in  such  manner  as  should  be  reasonable  or  ne- 
cessary in  that  behalf,  and  that  he  would  have  delivered  up  to  Plaintiff 
all  the  title-deeds  or  writings  in  his  custody  or  power,  relating  to  the 
said  mortgaged  premises,  and  would  have  let  Plaintiff  into  the  pos- 
session thereof;  and  especially  as  Plaintiff  frequently  offered  to  pay  unto 
the  said  M,  C.  what  should  appear  to  be  so  due  on  the  said  mortgage 
as  aforesaid,  together  with  months  interest  more  than  was  so  due,  as 
a  compensation  or  satisfaction  for  his  not  having  had  the  usual  notice  of 
Plaintiff's  intention  to  redeem  the  said  premises.     But  now,  &c. 

Pretends  no  will  made,  &c.  or  not  executed,  &c.  and  that  premises 
descended  to  him  as  heir  at  law. 

Charge  contrary,  that  will  was  well  executed,  &c.  and  of  sound 
mind,  &c. 

Pretends,  that  he  hath  some  estate  or  interest  in  the  premises  other 
than  by  and  under  the  said  will,  or  any  assignment  of  the  said  mortgage 
from  the  said  S.  S.,  but  what  estate  or  interest  in  particular  he  refuses  to 
discover. 

Charge,  that  Defendant  had  not  at  the  time  of  the  death  of  said  Tes* 
tator,  or  since,  any  right  or  interest  whatsoever  in  or  to  the  said  mort- 
gaged premises,  or  any  part  thereof,  save  by  or  under  the  said  will,  and 
some  assignment  of  the  said  mortgage  from  the  said  S.  S.  and  which 
assignment,  though  now  in  the  custody  or  power  of  the  said  Defendant, 
he  refuses  to  discover  and  produce  to  Plaintiffs,  or  either  of  them,  with 
a  view  of  continuing  in  the  possession  and  receipt  of  the  rents  and  profits 
of  the  said  mortgaged  premises,  to  the  prejudice  of  Plaintiff.  And  the 
sxiid  M.  C.  will  at  times  acknowledge,  that  he  paid  to  the  said  S  S, 
what  was  due  to  her  for  principal  and  interest  on  the  said  mortgage,  and 
that  he  took  an  assignment  thereof,  to  or  in  trust  for  himself,  but  then 
he  pretends  that  the  same  was  so  paid  with  his  own  proper  money,  and 
the  rather,  as  he  pretends  that  personals,  &c.  were  inadequate  to  the 
money  due  for  principal  and  interest  on  the  said  mortgage,  or  at  least 
that  very  little  thereof  hath  ever  come  to  his  hands,  or  been  received  by 
him. 

23 


170  BILLS  UPON  MORTGAGE  MATTERS. 

Charge,  personals  considerable,  Sec.  and  ihat  the  whole,  or  the  great- 
est part  thereof  hath  come  to  the  hands  of  him  the  said  M.  C.  or  to  the 
hands  of  some  otlier  person  in  trust  for  him,  or^  for  his  use.  And  al- 
though the  said  Defendant  hath  in  his  custody  or  power  some  book  or 
books  of  account,  entries,  memorandums,  or  writings,  tending  to  shew,  or 
ascertain  the  particulars  and  value  of  such  personal  estate  and  efiects, 
and  what  part  thereof  hath  come  to  the  hands,  or  to  the  use  of  him  the 
said  Defendant  as  aforesaid,  or  relating  to  such  personal  estate  and  ef- 
fects, or  some  part  thereof,  yet  he  refuses  to  produce  or  discover  the 
same,  insisting  that  Plaintifl"  hath  not  any  right  whatsoever  to  be  satis- 
fied in  or  touching  the  premises. 

Insist,  that  in  case  it  shall  appear  that  the  said  mortgage  was  so  satis- 
fied as  aforesaid,  by  or  out  of  the  personal  estate  and  effects  of  the  said 
Testator,  the  same  ought  to  be  assigned  to,  or  in  trust  for  Plaintifl',  or 
in  case  it  hath  not  been  so  satisfied,  a  sufficient  part  of  the  said  Testa- 
tor's personal  estate  ought  to  be  applied  in  satisfaction  thereof. 

Charge,  that  Plaintiff  has  been  so  far  from  refusing  to  redeem  thb 
said  mortgage  as  aforesaid,  that  he  hath  at  all  events,  and  at  different 
times,  offered  to  pay  what  should  appear  to  be  due  for  principal  and  in- 
terest on  the  said  mortgage,  without  any  regard  to  his  said  claim  oo  the 
said  personal  estate  and  efiects  as  aforesaid  in  respect  thereof,  but  with- 
out prejudice  thereto. 

Charge,  that  on,  &c.  Plaintiff  called  on  the  said  Defendant  at  his  house 
in  K.  aforesaid,  and  desired  to  know  how  much  was  then  due  for  prin- 
cipal and  interest  on  the  said  mortgage,  and  upon  his  refusing  to  disclose 
the  same,  Plaintiff  actually  tendered  to  him  the  sum  of  £  for 

satisfying  what  was  then  due  to  him  for  principal  and  interest  on 
the  said  mortgage,  together  with  months  interest  on  the  said  princi- 
pal sum  more  than  what  was  then  due,  as  a  compensation  and  satisfac- 
tion for  the  said  Defendant,  for  his  not  having  had  the  usual  notice  of 
Plaintifl's  intentions  to  redeem  the  said  mortgaged  premises,  oflering  at 
the  same  time  to  pay  the  said  Defendant  in  case  he  could  make  it  appear 
that  the  said  £  was  not  sufficient  for  answering  the  purposes  afore- 
said, but  which  in  fact  it  was,  and  which  the  said  Defendant  then  admit- 
ted it  to  be,  and  make  good  such  deficiency,  but  which  he  repeatedly  re- 
fused ti)  accept.     All  which,  cVc. 

Prayer. 

That  an  account  may  be  taken  of  what  was  due  for  principal  and 
interest  on  the  said  morlf-agoat  tiie  Urne  the  said  assignment  was  so 
taken  as  aforesaid  ;  and  that  an  account  may  also  be  taken  of  what 
hath  become  due  or  ought  to  be  paid  from  or  by  the  said  Defendant 
f©r  or  in  respect  of  the  rent  for  the  premises  so  occupied  by  him 


BILLS    yTON    MORTGAGE    .MATTERS.  171 

since  the  death  of  the  said  Testator,  and  also  of  all  and  every  the 
siini  Of  Slims  which  since  the  death  of  the  said  Testator,  have  been 
received  by  the  said  Defendant,  or  by  his  order,  or  for  his  use,  for 
or  on  account  of  tlie  residue  of  the  said  mortgage  in  case  it  shall 
appear  tiiat  tiie  said  mortgage  is  satisfied  by  the  said  Defendant,  by 
and  out  of  the  personal  estate  of  the  said  Testator,  so  that  what 
shall  appear  to  be  coming  out  of  the  rents  and  profits  as  aforesaid, 
after  all  just  and  reasonable  allowances,  may  be  paid  to  Plaintiff. 
And  in  case  it  shall  appear  that  the  said  mortgage  was  paid  and 
satisfied  by  the  proper  money  of  the  said  Defendant,  then  that  an 
account  may  be  taken  of  the  personal  estate  of  the  said  Testator,  and 
what  is  due  for  principal  and  interest  on  the  said  mortgage  as  afore- 
said :  and  that  what  shall  appear  to  be  so  coming  on  account  of  the 
rents  and  profits,  after  all  just  allowances,  may  in  such  case  be  set 
ofifin  part  satisfaction  or  discharge  of  what  shall  appear  to  be  due 
for  principal  and  interest  on  said  mortgage,  and  in  such  case  that  a 
sufficient  part  of  Testator's  personal  estate  may  be  applied  in  disi 
charge  of  the  said  mortgage  money  and  interest;  and  if  the  same 
shall  not  be  sufficient,  that  upon  Plaintiflf's  paying  to  the  said  De- 
fendant what  shall  appear  to  be  then  remaining  due  for  principal 
and  interest,  that  the  said  Defendant  may  be  decreed  to  assign  or  con- 
vey the  said  mortgaged  premises  for  the  residue  of  the  said. term 
therein  granted,  to  or  in  trust  for  FlaintifT,  in  such  manner  as  this 
Court  shall  direct,  and  may  also  deliver  up  to  Plaintiff  all  the  title- 
deeds,  evidences,  and  writings  whatsoever,  in  his  custody  or  power, 
touching  or  concerning  the  said  mortgaged  premises,  or  any  part 
thereof,  and  that  he  may  also  be  let  into  the  possession  thereof. 
And  further  relief'. 

J.  L. 


Bill  of  Foreclosure  by  the    Executors  of  the  Mortgagee, 
against  the  Mortgagor  and  his  Assignees, 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  G.  R. 
of  and  I.  W.  P.  of  ,  executors  of  the  last  will  and  testament 

of  T.  W.  late  of  ,  deceased,  that  by  indenture,  <.^"c  as  in  and  by, 

&c.     And  your,  &c.  that  the  said  sum  oi  £  ,  ox  any  part  thereof 

was  not  paid  to^thc  said  T.  W.  or  to  his  use,  at  the  time  limited  and  ap- 
pointed in  that  behalf  by  the  said  indenture  of  moitgage,  but  default 
was  made  in  the  payment  thereof,  whereby  the  legal  estate  and  interest 
of  the  said  T.  W.  of  and  in  the  said  mortgaged  premises,  for  the  rest  and 
residue  of  the  said  several  terms  became  absolute  in  law,  but  re^ 


172  BILLS    UPON    MORTGVGL    MATTERS. 

deemable  in  equity,  upon  payment  to  tlie  said  T.  W.  of  the  said  j>rinci|:tal 
money  and  all  interest  due  thereon.  And  yoiu",  &;<:.  tliat  the  said  T.  W. 
before  he  had  received  or  been  paid  any  par*  of  the  said  principal  sum 
of  £  ,  and  on  or  about  the  day  of  ,  departed  this  life, 

haviuiT  first  duly  made  and  published  hislasi  will  and  testament  in  writing, 
and  thereby  constituted  and  appointed  your  Orators  the  executors  tliereot". 
as  in,  &c.  And  your,  &c.  that  they  have  since  duly  proved  the  said  will 
in  the  proper  Kcclc^iastical  Court,  and  have  underiuk^'U  the  execution 
thereof,  and  have  thereby  become  entitled  to  the  said  mortgage  pre- 
mises for  the  rest  and  residue  now  to  come  and  unexpired  of  the  said 
several  terms,  subject  to  such  red<"mption  as  aforesaid,  and  to 
have  and  receive  the  principal  money  and  intrrc:;t  due  and  owing  thereon. 
And  your,  &c.  that  afterwards,  and  bcibre  the  said  principal  sum  of 
£         ,  or  any  part  thereof  was  paid  ofi".  and  on  or  about  the  day 

of  ,  the  said  M.  E.  having  become  a  bankrupt,  a  commission  of 

bankrupt  issued  under  the  great  seal  of  Great  Britain,  (state  the  com- 
mission in  the  usual  way)  whereby  the  said  (the  assignees)  became  and 
are  now  entitled  to  the  equity  of  redemption  of  the  said  mortgaged  pre- 
mises, for  the  residue  of  the  said  several  terms.  And  your,  &:c.  that 
the  whole  of  the  said  principal  sum  of  £  being  now  due  and  owing 
to  your  Orators  as  such  executors  as  aforesaid,  together  with  a  large 
arrear  of  interest  thereon,  your  Orators  have  caused  frequent  applica- 
tions to  be  made  to  the  said  IM.  E.  and  the  said  ,  and  have  requested 
them  either  to  pay  and  satisfy  the  said  principal  money  and  interest  to 
your  Orators,  or  otherwise  to  release  and  assign  their  equity  of  redemp- 
tion of  and  in  the  said  mortgaged  premises  for  the  residue  of  the  said 
terms,  in  the  said  indenture  of  mortgage  mentioned  to  your  Orators, 
and  to  deliver  up  to  them  the  deed^  and  writings  relating  thereto.  And 
your  Orators  well  hoped,  &c.  But  now,  &c.  pretending  that  no  such 
indenture  of  mortgage  of  such  date,  purport  or  efiect  as  aforesaid,  was 
made  or  executed  by  the  said  JM.  E.  but  at  otjjer  limes  tijoy  will  admit 
the  same;  but  then  they  pretend  that  the  said  M.  E.  previous  to  his 
bankruptcy,  paid  or  caused  to  be  paid,  to  the  said  T.  W.  in  his  lif<^-time, 
or  to  your  (Jrators  since  the  decease  of  the  said  T.  W.  the  said  sum  of 
£  ,  and  all  interest  due  thereon,  and  that  there  is  no  sum  of  money 
due  or  owing  to  your  Orators  upon  the  security  of  the  said  mortgaged 
premise^,  whereas  your  Orators  charge,  that  the  said  sum  of  c£*  and 
an  arrear  of  interest  thereon  was  due  and  owing  to  the  said  T.  W.  at  the 
time  of  his  decease,  and  that  the  said  principal  sum,  together  with  a 
further  arrear  of  interest,  js  now  due  and  owing  to  your  Orators,  as  such 
executors,  upon  the  security  of  tlie  said  mortgaged  premises,  and  by 
virtue  of  the  said  iiiflrnture  ;  and  so  the  said  confederates  will  sometimes 
admit,  but  then  tlit-y  give  out  and  pretend,  that  there  are  many  other 


BILLS    UPON    MORTGAGE    MATTERS.  173 

charges,  mortgages,  and  incumbrances  affecting  the  said  premises,  made 
and  executed  by  the  said  JNI.  E.  and  prior  in  point  of  time  to  that  made 
by  him  to  the  said  T.  W.  deceased,  but  the  particulars  thereof,  or  when, 
or  to  whom  made,  or  for  what  consideration,  or  wliat  is  now  due  thereon, 
the  said  confederates  refuse  to  discover.  All  which,  &c.  To  the  end,  &c. 

Prayer. 

.^nd  that  it  be  referred  to  one  of  the  Masters  of  this  honorable  Court, 
to  take  an  account  of  what  is  due  to  your  Orators,  as  such  execu- 
tors as  aforesaid,  for  principal  and  interest  on  the  said  security  from 
tlie  said  M.  E.  to  the  said  T.  W.  deceased,  and  that  the  said  confe- 
derates may  be  decreed  to  pay  to  your  Orators  what  shall  be  found 
due  on  such  account  by  a  short  day  to  be  appointed  by  this  honor- 
able Court,  in  that  behalf,  together  with  your  Orators'  costs,  and  in 
default  thereof,  that  the  said  M.  E.  and  the  said  ,  and  all  per- 

sons claiming  under  him  or  them,  may  be  barred  and  foreclo cd  of 
and  from  all  right  and  equity  of  redemption  of,  in,  and  to  the  said 
premises,  or  any  part  thereof,  for  the  residue  of  the  said  several 
terms.  And  may  deliver  up  to  your  Orators  all  deeds,  papers  or 
writings  in  their  or  either  of  their  custody  or  power,  relating  to  or 
concerning  the  same.     And  for  further  relief,  &;c. 

J.  L. 

Pray  Subpoena  against  M.  E.  and . 


^ill  for  an  Account  and  Redemption  of  mortgaged  Pre- 
mises,  Plaintiff  being  Heir  at  Law  of  Mortgagor,  and 
Defendants,  Persons  in  Possession.  Affidavit  of  Plain- 
tiff, that  he  has  no  Deeds  of  the  Premises. 

Humbly  complaining,  sheweth  unto  your  Lordship,  T.  G.,  of,  &:c.  the 
eldest  son  and  heir  at  law  of  K.  G,  late  of,  &c.  and  who  was  the  nephew 
and  heir  at  law  of  H.  G  the  elder,  late  of,  &c.  deceased. 

That  the  said  H.  G.  the  elder,  was  in  his  hfe-time,  and  at  the  time  of 
his  death,  seised  or  entitled  in  fee-simple,  subject  to  a  mortgage  terru 
of  years,  which  by  some  mesne  assignments  or  otherwise,  has  been 

assigned  to,  or  vested  in  W.  G  the  elder,  M.  G.  and  E.  W.  the  Defend- 
ants hereto,  or  some  or  one  of  them,  of  or  to  divers  messuages,  tenenients 
and  hereditaments,  situate,  &c.  and  elsewhere,  of  great  yearly  value,  and 
particularly  of  several  messuages,  &c.  thereto  adjoining.  And  the  said 
H.  G.  the  elder  departed  this  lifesome  time  ago  intestate,  and  without 
issue,  the  said  H.  G.  Plaintiff's  late  father,  his  nephew  aiid  hen  at  la^- 


174  BILLS    UPON    MORTGAGE    MATTERS. 

him  surviving ;  but  the  said  II.  G.  the  younger  was  in  very  narrow  cir- 
cumstances, and  not  able  to  pay  ofT  the  mortgage,  which  affected  tiie  said 
premises;  and  before  the  death  of  the  said  H.  G.  the  elder,  or  at  some 
other  time,  the  mortgagee  or  mortgagees  took  possession  of  all  his  real 
estates,  and  he  or  they  and  the  Defendants  hereto  have  been  in  the  pos- 
session thereof  ever  since,  and  they  have  paid  off  all,  or  nearly  all  the 
principal  and  interest  due  on  the  said  mortgage. 

That  the  said  H.  G.  the  younger,  departed  this  life  or  years  ago, 
intestate,  leaving  Plaintiff,  his  eldest  son  and  heir  at  law,  and  thereupon 
the  said  real  estates  descended  to  Plaintiff,  subject  to  the  said  mortgage ; 
and  Plaintiff,  desirous  of  redeeming  the  same  on  payment  of  what,  if 
any  thing  remained  due  by  virtue  of  such  mortgage,  and  of  getting  into 
possession  thereof,  hath  frequently  requested  the  said  W.  G.  the  elder, 
W.  G.  and  E.  W.  to  state  an  account  of  the  principal  money  and  interest 
due  on  the  said  mortgage,  and  also  of  the  rents  and  profits  of  the  said 
premises,  received  by  the  mortgagee  or  mortgagees  thereof  for  the  time 
being,  and  Plaintiff  offered  to  pay  to  them  what,  if  any  thing  should 
appear  to  be  due  to  them  on  balance  of  such  account.  And  Plaintiffs 
also  requested  them  to  deliver  possession  of  the  said  premises  to  him. 
But  now,  &c. 

Pretend,  that  the  said  H.  G.  the  elder,  by  some  deed  or  deeds,  or  by 
his  last  will  and  testament  in  writing  limited  or  devised  the  said  premises 
or  some  part  thereof  in  fee-simple,  or  for  some  other  estate  to  the  said 
Defendants,  or  some  or  one  of  them,  or  to  some  other  person  or  persons 
under  whom  they,  or  some  or  one  of  them,  claim  or  claims.  But  the 
said  Defendants  refuse  to  discover  and  set  forth  as  tliey  ought  to  do,  the 
dates,  and  parties'  names,  and  the  names  of  the  witnesses  to  such  deed 
or  deeds,  and  the  date  of,  and  the  names  of  the  witnesses  to  such  will,  and 
the  short  and  material  contents  of  such  deed  or  deeds,  or  will.  But  the 
said  Defendants  will  at  other  times  admit,  that  the  said  II.  G.  the  elder, 
died  intestate,  and  without  having  otherwise  disposed  of  the  said  premises. 

But  then,  they 

PrctaiU,  ihiit  Plaintiff  is  not  the  heir  at  law  of  the  said  11.  G.  the  elder, 
and  that  the  person  who  was  his  heir  at  law  at  his  death  or  some  person 
whom  they  allege  was  entitled  to  the  said  premises  in  some  manner,  by 
some  deed  or  deeds,  agreement  or  will,  conveyed,  or  agreed  to  convey, 
or  devise  the  said  premises  and  equity  of  redemption  thereof,  to  them  the 
said  Defendants,  or  some  persons  or  person  under  whom  they  claim,  and 
that  the  said  Defendants  are  absolutely  entitled  to  the  said  premises.  But 
they  refuse  to  discover  who  was  and  is,  as  they  allege,  the  heir  at  law  of 
the  said  II.  G.  the  elder  and  by  what  pedigree  he  or  she  appears  or  appear- 
ed so  to  be,  and  the  persons  or  person  who  conveyed  the  said  estates,  or  any 
of  them  to  the  said  Defendants,  or  to  the  persons  or  per;»on  under  whom 


BILLS    UPON    MORTGAGE    MATTERS.  175 

they  claim  the  same,  or  the  date  or  dates  of,  and  parties  and  witnesses 
names  to  the  said  deeds  or  deed,  or  agreement,  or  the  date  and  the  wit- 
nesses' names  to  the  will,  or  the  short  and  material  contents,  and  the  con- 
sideration of  the  deed  or  deeds,  agreement  or  will,  under  which  the  said 
Defendants  claim  the  said  premises,  by,  from,  or  under  the  alleged  will 
or  deed  of  the  said  H.  G.  the  elder,  or  such  other  person  or  persons  as 
aforesaid.     However,  Plaintiff 

Charges,  that  he  is  the  heir  at  law  of  the  said  H.  G.  the  elder,  Plain- 
tiff being  the  eldest  son  of  the  said  H.  G.  the  younger,  who  was  the  eldest 
son  of  G.  G.  who  was  the  eldest  brother  of  H.  G.  the  elder. 

Charges,  that  if  defendants  shall  pretend  that  they  are  purchasers 
of  the  said  premises  for  a  valuable  consideration,  then  that  such  per- 
sons or  person  who  sold  or  conveyed  the  same  to  them  the  said  Defen- 
dants, or  to  those  under  whom  they  claim,  could  not  at  the  time  of  such 
sale,  make  out  a  legal  title  to  the  said  premises  or  any  part  thereof,  and 
that  it  so  appears  by  some  abstract  or  abstracts  of  the  title  in  the  possession 
or  power  of  the  said  Defendants ;  and  at  the  time  such  sale  or  conveyance 
was  made,  the  said  Defendants,  or  some  or  one  of  them,  or  those  under 
whom  they  claim,  or  before  the  conveyance  was  executed,  or  the  consi- 
deration money  was  paid,  had  some  knowledge,  notice,  or  belief,  or  sus- 
picion, or  had  some  reason  to  know,  believe,  or  suspect,  or  had  been  in- 
formed that  the  person  or  persons  who  sold  or  conveyed  the  said  premises, 
had  no  title,  or  a  deficient  or  doubtful  title  thereto,  and  that  the  heir  at  law 
of  the  said  H.  G.  the  elder,  was  not  a  party  to  the  said  sale  or  convey- 
ance, and  that  on  account  of  the  badness  or  doubtfulness  of  such  title,  the 
said  confederates,  or  those  under  whom  they  claim,  paid  a  very  small  or 
tnconsiderable  sum  as  a  consideration  for  the  said  premises,  and  that  they, 
or  some  or  one  of  them,  received  some  indemnity  from  the  person  or  per- 
sons who  so  sold  or  conveyed  the  said  premises,  in  case  Plaintiff,  the  heir 
at  law  -of  the  said  H.  G.  the  elder,  should  assert  his  title  to  the  said 
premises  and  succeed  therein.  And  the  said  Defendants,  or  some  or  one 
of  them,  or  some  other  person  or  persons  on  their  or  one  of  their  behalf, 
have  or  has  frequently  desired  Plaintiff  to  release  his  right  and  title  to 
the  said  premises,  and  have  offered  him  money  for  so  doing. 

Pretend,  that  they  claim  title  to  llie  said  premises  by  other  means,  not 
herein  before  mentioned,  but  by  what  means  and  what  deeds,  and  of 
what  date,  and  when  executed,  and  when  and  where,  and  by  whom,  and  in 
whose  presence  such  deeds  were  executed  and  attested  they  refuse  to  dis- 
cover. And  they  have  all  the  deeds  and  writings  relating  to  the  said  pre- 
mises in  their  custody  or  power,  and  they  threaten  or  intend  to  nonsuit 
Plaintiff  in  case  he  shall  attempt  to  recover  possession  of  the  said  premises 
by  ejectment.     AU  whicii,  &c.     To  the  end,  &c. 


176  BILLS    UPO:^    MORTGAGE    MATTERS. 

Prayer. 

That  an  account  may  be  taken  of  what,  it"  any  thing  is  due  for  princi- 
pal and  interest,  on  the  security  of  the  said  premises.  And  that  an 
account  may  also  be  taken  of  the  rents  and  profit  of  tlie  said  pre- 
mises received  by  the  said  Defendants  and  those  under  whom  they 
claim.  And  that  upon  payment  of  what,  if  any  thing  shall  appear 
to  be  due  to  said  Defendants  on  the  balance  of  accounts,  Plaintiff 
may  be  at  liberty  to  redeem  the  premises.  And  that  the  Defendants 
may  deliver  the  possession  of  the  said  premises  to  Plaintiff,  and  also 
deliver  up  to  him  all  deeds,  papers  and  writings  in  their  possession 
or  power  relating  thereto,  and  assign  the  said  sum  to,  or  intrust  for 
Plaintiff.     And  for  further  relief. 

Pv.  R. 
In  Chancery. 

Between  G.  G Plaintiff, 

and 
W.  G.  and  others,  Defendants. 

G.  G.  the  above  named  Plaintiff  maketh  oath,  that  he,  this  deponent, 
hath  not,  nor  to  the  best  of  his  knowledge,  remembrance  or  belief,  ever 
had  all  or  any  of  the  deeds,  evidences  and  writings,  relating  to  the  estate 
in  question  in  this  cause,  and  which  are  mentioned  in  this  deponent's  bill, 
exhibited  in  this  honorable  Court,  against  the  said  Defendants,  nor  doth 
this  deponent  know  where  the  said  deeds,  evidences  and  writings,  or  any 
of  them  now  are,  unless  they  be  in  the  custody  or  power  of  the  said  De- 
fendants, some  or  one  of  them. 


Bill  to  foreclose,  and  to  have  a  Term  to  attend  the  In- 
heritance declared  to  he  in  Trust  for  the  Mortgagee. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator  R.  S, 
©f,  &c.  that  in  or  about  the  year  ,  P.  J.  of,  &c.  being  or  pretended 

to  be  seised  in  fee,  or  of  some  other  good  and  sufficient  estate  of  inherit- 
ance, of  and  in,  &,c.  hereinafter  mentioned,  and  having  occasion  for 
money,  did  af)ply  to  your  Orator,  and  desire  your  Orator  to  lend  him  the 
said  P.  J.  the  sum  of  i^  ,  and  in  order  to  secure  the  repayment  of  the 
same  with  interest,  after  the  rate  of,  Set.  did  propose  to  mortgage  to  your 
Orator  the  said  manor,  &c.  which  he  did  affirm  to  your  Orator  were  free 
from  all  prior  incmnhrances,  save  a  term  of  years  in  some  part  of  the 
same  premises,  which,  as  the  said  P.J.  informed  your  Orator,  was  then 
vested  in  L.  M.  of,  '.Vc.  in  trust  for  the  said  P.  J.  his  heirs  and  assigns; 


niLLS   UPON  MORTGAGE   MATTERS,  177 

and  to  be  disposed  of  and  assigned  as  he  or  tliey  should  direct.  And  your, 
i-Vc.  that  3'our  Orator  <hd  ioui;)!y  wilii  the  saii]  request  of  tlic  said  r.  J. 
and  did  accordingly  lend  him  the  said  sum  of  £  ,  and  Cor  securing  the 
repayment  tiiereofwith  interest  as  aforesaid,  by  in<Jenlures  of  L.  and  R. 
bearing  date  respectivfly,  lie.  and  made  between  lln.>  said  P.  J.  and  liis 
wile  of  the  one  part,  and  your  Orator  and  one  \.  I>.  of,  Ac.  since  decenscd, 
of  the  other  part.  Tiie  saitl  i*.  .1.  for  and  in  considei  ation,  &c.  (net  forth 
mortgage  deed)  as  in  and  by,  Sec.  And  your  Orator  charges,  that  the 
said  sum  o( £  ,  or  any  pait  thereof,  was  not  paid  to  your  Orator  or 
any  person  on  his  behalf,  according  lo  the  said  proviso  in  the  said  inden- 
ture of  release  contained,  at  the  time  therein  mentioned,  or  at  any  other 
time.  And  your.  Sec.  that  the  said  P.  .J.  having  a  further  occasion  for 
money,  did,  some  time  in  or  about,  &c.  again  apply  to  your  Orator  to  lend 
him  the  further  sum  oi £  ,  and  in  order  to  secure  the  repayment  of 
the  same  with  interest,  after  the  rate  oi  £  offered  to  charge  the  said 

mortgaged  premises  therewith,  which  your  Orator  consented  to,  and  ac- 
-'.ordingly  did  advance,  lend,  and  pay  to  the  said  P.  .F.  the  said  sum  of 
£  ,  and  for  securing  the  repayment  thereof  wilii  interest  as  aforesaid, 
by  hidorsement  made  upon  the  back  of  said  indenture  of  release,  bearing 
date,  S:c.  reciting,  Sec.  as  in  and  by  the  said  indorsement  at  the 

back  of  the  said  release,  &c.  And  your,  &c.  that  the  said  siun  of  £ 
or  any  part  thereof,  hath  not  been  paid  to  your  Orator,  neither  was  the 
said  sum  of  c^  or  any  part  thereof,  paid  to  your  Oiator,  according  to 
the  condition  in  the  said  in  part  lecifed  bond,  <it  the  time  therein  men- 
tioned, or  at  any  time  since,  but  the  said  two  several  sums  of  ^'  ,  and 
£  are  now  due  and  owing  to  your  Orator,  together  with   a   great 

arrear  of  interest  on  the  said  several  sums,  after  the  respective  rates  afore- 
said ;  and  the  said  A.  P).  being  deceased,  the  estate  and  interest  in  the  said 
mortgaged  prennses,  is  now  become  absolute  in  your  Orator  and  his  heirs. 
And  your  Oratof  well  hoped,  that  the  said  P.  J.  would  either  have  paid 
your  Orator  the  said  several  sums  of  £  and  £  ,  and  the  h)terest 
thereof  respectively,  al'ter  the  rates  aforesaid,  or  would  liavesufli^red  your 
Orator  to  have  peaceably  and  quietly  held  and  enjoyed  the  snid  premises, 
and  for  that  jmrpose,  your  Orator  hath  trequently  applied  to  the  said  P.  J. 
and  requested  him  to  pay  the  said  several  sums  of  £  and  £  ,  and 
ihe  interest  due  for  the  same  respectively,  or  else  peaceably  to  deliver  up 
possession  to  your  Orator  of  the  said  mortgaged  premises,  together  with 
all  deeds,  evidences,  writings,  escripts,  muniments,  court  rolls,  rent  rolls 
and  minutes  of  courts,  relating  to,  or  concerning  the  .same,  and  to  release 
all  his  right,  tide  and  equity  of  redemption  of,  in,  and  to  the  same  premises 
to  your  Orator  and  his  heirs,  the  said  P..T.  well  knowing,  as  your  Orator 
charges  the  truth  to  be,  that  the  sai<i  premises  are  a  very  sca;ity  security  for 
the  principal  and  interest  now  due  to  vour  Orator  thereon.  .Ind  your  Ora- 


Its  BILLS  UPON  MORTGAGE  MATTERS. 

tor  well  hoped,  Scc.  But  now,  <tc.  pretends,  that  the  said  premises  were 
mortgaged  by  the  said  P.  J.  to  the  said  L.  M.  for  the  said  term  of 
years,  for  securing  to  him  some  very  considerable  sura  of  money,  and  that 
at  the  time  such  mortgage  was  made  to  your  Orator  as  aforesaid,  he  the 
said  P.  J.  had  only  the  equity  of  redemption  of  the  same.  Charges,  that 
no  money  was  due  to  the  said  L.  M.  in  such  term,  but  that  the  said 
L.  M.  is  seised  of  the  said  term  of  years,  and  his  name  made  use  of 
barely  as  a  Trustee,  and  the  said  term  is  now  vested  in  him,  in  trust  for 
your  Orator  and  his  heirs,  to  attend  the  inheritance  of  the  said  premises, 
nevertheless,  the  said  L.  I\I.  refuses  to  let  your  Orator  bring  an  ejectment 
in  his  name  for  recovery  of  the  premises  comprised  in  tlie  said  years 
term  ;  and  at  other  times  the  said  P.  J.  pretends,  that  he  hath  confessed 
judgment,  statutes,  and  recognizances  to  several  persons  for  several  consi- 
derable sums  of  money,  and  made  several  other  grants,  conveyances  and 
secret  incumbrances  which  will  affect  the  said  premises  prior  to  your 
Orator's  title  to  the  same,  but  refuses  to  discover  the  same,  or  to  whom 
he  hath  so  sold,  mortgaged  or  incumbered,  the  premises  as  aforesaid, 
or  the  respective  considerations  thereof,  or  to  the  persons  to  whom  he 
hath  confessed  such  judgments,  statutes,  or  recognizances,  and  for  wliat 
suras,  and  for  what  considerations,  so  that  your  Orator  cannot  proceed  at 
law  for  recovery  of  said  mortgaged  premises,  the  said  P.  J.  threatening,  in 
case  your  Orator  proceeds  at  law,  to  set  up  the  said  incumbrances,  ancf 
the  said  trust  term  of  years  in  the  said  L.  M.   all   which  they  pre- 

tend are  prior  to  your  Orator's  said  mortgage.  Whereas  your  Orator 
charges,  that  such  conveyances,  mortgages,  or  other  incumbrances,  except 
the  said  trust  term,  are  not  prior  to  your  Orator's  said  mortgage,  if  any 
such  there  be,  or  if  any  of  them  are  prior  to  your  Orator's  said  n)ortgage, 
the  same  are  voluntary  and  tVaudulent,  and  made  without  any  considera- 
tion really  and  truly  paid  ;  and  such  judgment,  statutes,  and  recognizances 
were  not  for  the  payment  of  any  just  debt,  but  without  any  consideration, 
and  voluntary  and  contrived,  on  purpose  to  defraud  the  just  creditors  of 
the  said  P.  J.  All  Avhich,  &c.  To  the  end,  ^'c.  {intcrrogute  to  each 
facVj 

Prayer. 

And  ma,y  settbrth  what  incumbrances  there  are  upon  the  said  mort- 
gaged premises,  and  when  and  by  whom  the  same  were  charged  or 
incumbered,  and  who  claiim  the  same  respectively,  and  may  set  forth 
the  nature  and  kinds  thereof,  and  whether  the  same  are  by  absolute 
sale,  mortgage  statute,  merchant  statute,  statute  judgments,  recog- 
nizances, or  how  otherwise,  and  tlie  dates,  tenor,  and  short  contents, 
of  such  several  incumbrances,  and  of  the  deeds,  records,  or  other 
instruments  or  writings,  treating  or  relating  to  the  same;  and  may 


BILLS    DPON    MORTGAGE    MATTERS.  179 

set  forth  the  respective  considerations  thereof,  and  when,  where,  and 
in  whose  presence  such  considerations  were  respectively  paid  ;  and 
whether  in  specie,  bills,  or  how  otherwise;  and  whether  the  said 
incumbrances,  or  any  and  which  of  them,  are  now  unpaid  and  un- 
satisfied, and  how  much  money  is  now  due  on  the  same  respectively. 
And  that  the  said  P.  J.  may  be  decreed  to  pay  and  satisfy  to  your 
Orator  the  said  several  sums  of  £  and  £  ,  and  all  interest 
due  and  to  grow  due  thereon,  after  the  respective  rates  aforesaid, 
by  a  short  day  to  be  appointed  by  this  honorable  Court,  together 
with  your  Orator's  costs,  and  in  default  thereof  that  the  said 
P.  J.,  and  all  persons  claiming  under  him,  may  be  foreclosed  of  and 
from  all  equity  of  redemption  or  claim,  in  and  to  the  said  mortgaged 
premises,  and  every  part  thereof,  and  may  deliver  over  to  your 
Orator  all  deeds,  charters,  &c  whatsoever,  relating  to  or  concerning 
the  said  manor,  &c. ;  and  that  the  said  L.  M.  may  set  forth  what 
right  or  title  he  hath  or  claimeth  of  and  in  the  said  premises,  or 
any  or  what  part  thereof,  and  whether  he  is  not  a  trustee  for 
your  Orator,  and  why  he  refuses  to  let  your  Orator  bring  an  eject- 
ment in  his  name,  in  order  to  recover  possession  of  the  said  pre- 
mises ;  and  that  the  said  term  of  years  maybe  declared  to  be  in 
trust  for  your  Orator  and  his  heirs,  to  attend  the  inheritance  of  the 
said  premises.     And  for  further  relief,  &c. 


Bill  for  071  Account  of  Mortgage  Money  due,   and  Sale 
of  mortgaged  Prevnises. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orator  and 
Oratrix,  J.  B,,  of,  &c.  and  C.  B.,  his  wife,  which  said  C.  B.  is  the 
executrix  and  residuary  legatee,  named  in  the  last  will  and  testament  of 
her  late  husband  J.  R.,  deceased ;  that  the  said  J.  R.,  in  his  life-time, 
being  seised  to  him  and  his  heirs,  according  to  the  custom  of  the  manor 
of  P.  R.  aforesaid,  of  certain  copyhold  mesuages,  lands,  tenements,  and 
hereditaments,  held  of  the  said  manor,  in  consideration  of  the  sum  of 
£  ,  paid  to  him  by  W.  K.,  one  of  the  Defendants  hereir)after  named, 
and  for  securing  the  repayment  thereof,  with  interest,  on  or  about 
the  day  of  ,  duly  surrendered  according  to  the  custom  of  the  said 
manor,  all  the  said  messuages,  lands,  tenements,  and  hereditaments,  held  of 
the  same  manor,  to  the  use  of  the  said  W.  K.,  his  heirs  and  assigns  forever, 
which  said  surrender  was,  by  a  provision  therein  contained,  conditioned 
to  be  void  on  payment  by  the  said  J.  R.,  his  heirs  or  assigns,  to  the  said 
W.  K.,  his  executors,  administrators,  and  assigns,  of  the  sum  of  =£"  , 
with  such  interest  for  the  same,  and  at  sucli  lime  and  in  such  manner  a^ 


180  UII.LS   Uf'ON   MOUTGAGt  MATTKKS. 

is  therein  moiitioned,  in  and  by  the  snid  siirrt-ndor,  wliirli  was  diilv  lu- 
rollod  ill  t]w  court  rolls  ol'the  said  manor,  or  a  copv  thereof',  when  the 
same  shall  he  produced  to  this  honorable  Court,  will  more  fully  and  at 
large  appear.  And  your,  &'c.  that  it  being  apjjrehended  by  the  said 
W.  K.  that  the  said  copyhold  premises,  so  surrendered  to  him  as  afore- 
said, by  way  of  mortgage  for  securing  the  repayment  of  the  said  sum  of 
£  ,  and  interert,  were  not  of  ade(|iia!<'  value  for  that  purpose,  the 

said  J.  R.  as  and  for  a  further  and  collateral  security,  duly  executed  a 
certain  bond  or  obli>4ation  in  writine;,  bearing  date  on  or  about  the 
said  dav   of  ,   whereby   he  bound    himself,  hi>.   heirs,  ex- 

ecutors^ and  ailministrators,  unio  the  said  W.  K,,  his  executors,  admi- 
nistrator=.,  and  assigns,  in  the  sum  of'  X'  ,  with  a  condition  thereunder 

written  tor  inakinfv  the  same  void  on  payment  iiy  the  said  .).  ]?.  his  heirs, 
executors,  and  administrators,  of  the  sum  of  c£  ,  with  interest  lor  the 

same,  at  tlie  time  am!  in  the  manner  thciein  mentioned,  as  in  and  by  the 
said  bond  or  obligation  which  i'^  now  in  the  custody  or  power  of  the  said 
W.  K.  v/hen  the  same  shall  be  piodaced  to  this  honorable  Court  will 
more  fully  and  at  large  appear.  And  your,  eVc.  that  the  said  1.  R.  after- 
wards dulv  made  his  last  wiii  and  testament  in  willing,  bearing  date  on 
or  about  the         da}'  of  ,  and  executed  in  such  manner  and 

form  as  bv  law  is  required  to  pass  real  estate,  wlicreby,  &c.  (gave  per- 
■  onals  to  (Jrr.trix,  subject  to  his  delMs,  c^'c.  and  devised  his  lands,  i^'c.  to 
his  brother  and  heir  at  law,  W.  H.,  appointed  Oratrix  sole  executrix,) 
as  in  and  by,  Sec.  And  your,  iS:c.  that  the  sa'd  \S'.  J^.  afi.-r  the  death  of 
the  jaid  Te;  tator,  entered  into  and  upon  the  >aid  copyhold  estates  in  the 
said  manor  of  i*.  R.,  so  morttajdcd  as  albrcbaid  to  the  said  W.  K.,  and 
became  and  was  entitled  to  the  <  'juity  of  redemption  thereof,  subject  to 
the  said  mortgage ;  and  the  said  W.  R.  being  so  seised,  departed  this  life 
on  or  about  the        day  of  ,  has  ing  hrst  duly  made  his  last  will  and 

testament  in  writing,  and  thereby  deviled  all  his  right  and  interest  in  and 
to  the  said  coi)yhold  premises  unto  '1".  G.  and  J.  P.,  two  other  Defendants 
hereinafter  named,  and  their  heirs,  in  trust,  to  sell  the  same,  and  to  apply 
the  produce  thereof  in  manner  therein  mentioned,  and  he  thereby  a])- 
pointed  the  said  T.  G.  and  J.  P.,  the  executors  thereof,  as  in  and  by, 
<5l'c.  And  your,  6ec.  that  after  the  death  of  the  said  J.  K.  and  in  or 
about  the         dav  of  your  <.)rator   anil  Gratiix  intermarried 

together.     And  your,  Sec. 

I  IK  >  airy. 

And  whether  the  said  T)^U  ndants  T.  G.,  J.  P.,  and  W.  K.,  or  some, 
or  one,  and  which  of  them,  did  not  make  a  sale  of  the  said  co|)yhold  [jre- 
mises,  so  mortgaged  as  aforesaid,  to  the  said  W.  K.,  at  or  about  the 
time  and  for  the  price  hereinhefore  niciitioued;  or  al  or  about  some  and 


liU.LS   UFON   MORTGAGE  MATTKRS.  ISl 

what  other  time,  and  for  some  aiul  what  other  price  in  particular ;  and 
that  the  said  Defendants  may  set  forth  the  particulars  of  such  sale,  and 
to  whom  sold,  and  when  arid  by  whom  the  money  arising  therefrom  waa 
received,  and  liow  the  same  was  applied  and  disposed  of ;  that  the  said 
Defendants  T.  (}.,  J.  P.,  and  VV.  K.,  on  or  about  the         day  of  , 

joined  in  a  sale  of  the  said  copyhold  premises  so  mortgaged  as  aforesaid, 
to  t!ie  said  Defendant  W.  K.  by  the  said  T.  R.  at  and  for  the  price 
or  sum  of -i.'  ,  or  at  and  for  some  other  sum  greatly  exceeding  the 
anidunt  of  the  said  principal,  and  of  all  interest  due  thereon,  to  the  said 
Defendant  W.  K. ;  and  forasmuch  as  the  said  copyhold  estate  and  pre- 
mises were  devised  to  the  said  \V.  K.,  by  the  said  T.  R  ,  expressly  sub- 
ject to  the  mortgage  so  made  to  the  said  W.  K.  as  aforesaid,  and  then 
an  actaal  subsisting  charge  thereon,  your  Orator  and  Oratrix  well 
hoped  that  the  said  Defendants  W.  G.  and  J.  P.,  would  have  applied  as 
much  of  the  said  money  as  was  necessary  in  satisfaction  and  discharge  of 
the  said  njortgage ;  and  that  the  said  VV.  K.  would  have  delivered  up  to 
your  Orator  and  Oratrix,  to  be  cancelled,  the  aforesaid  bond  conditioned 
for  the  payment  o{£  ,  and  interest,  which  was  given  by  the  said  J.  R., 
deceased,  to  the  said  Defendant  W.  K.  as  and  for  a  collateral  security 
lo  the  said  copvhold  premises.  J'ut  now  so  it  is,  &c.  the  said  J.  G.  and 
J.  P.  have  only  applied  so  much  of  the  money  arising  from  the  sale  of 
the  said  copyhold  premises  as  was  necessary  to  discharge  the  sum  of 
£  ,  and  interest  part  of  the  said  mortgage  to  the  said  W.  R.,  and 
absolutely  refuse  to  apply  any  further  or  other  sum  in  discharge  thereof, 
3on)etimes  pretending  that  llie  said  copyhold  premises  were  by  the  terms 
of  the  said  mortgage  to  stand  as  a  security  for  the  sum  of  £  only, 
and  that  the  rest  of  the  said   loan  of  £  from  the  said  VV.  K.  lo  the 

said  J.  R.  was  secured  only  by  the  bond  of  the  said  J.  R.  whereas  j'our 
Oiaror  and  Oratrix  expressly  charge,  that  the  whole  of  the  said  sum  of 
£  was  secured  by  the  said  mortgage,  and  that  so  it  would  appear, 

as  well  by  the  aforesaid  surrender,  as  well  by  the  mortgage  deed,  or  other 
instrument  accompanying  the  same,  if  the  said  W.  K.  would  produce 
them,  but  which  he  refuses  to  do.  Charge,  that  the  said  bond  was 
given  by  the  said  J.  R.  only  as  a  collateral  security  to  the  said  mortgage, 
in  case  the  money  arising  from  the  sale  of  such  premises  should  be  in- 
sulTicient  to  pay  the  said  sum  of  £  and  interest.  Charge,  that  even 
in  case  the  said  bond  was  not  so  given,  yet  that  by  the  terms  of  the  will 
oi  the  said  J.  R.  the  said  T.  G.  and  J.  P.  took  the  premises  expressly 
;?ul)ject  to  the  said  mortgage,  and  liable  thereto  in  the  first  instance. 
And  so  the  said  Defendants  will  at  limes  admit,  but  nevertheless  under 
such  and  the  like  pretences  they  persist  in  their  said  refusal.  Charge^ 
that  the  said  Defendant  W.  K,  joined  with  the  said  Defendants  T.  G. 
ind  J.  P.  in  the  sale  of  the  said  copyhold  premises,  without  insisting  on 
"he  full  satisfaction  of  the  principal  and  interest  due  to  him  on  the  mort- 


182  BILLS   UPOiN  MORTGAGE  MATTERS. 

gage  thereof,  in  consequence  of  some  secret  and  fraudulent  agreemcnlh 
made  between  the  three  said  Defendants  for  the  purpose  of  charging  your 
Orator  and  Oratrix  with  the  money  secured  by  the  said  bond ;  and  the 
said  W.  K.  hath  commenced  an  action  on  the  said  bond  against  your 
Orator  and  Oratrix  in  his  Majesty's  Court  of  K.  B.,  and  threatens  to 
proceed  to  judgment  and  execution  thereof.  All  which,  &c.  To  the 
end  therefore^ &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises  ;  and  that  an 
account  may  be  taken  of  the  principal  and  interest  due  to  the  said 
Defendant  W.  K.  on  the  aforesaid  mortgage  of  the  said  copyhold 
premises,  made  to  him  by  the  said  J.  R.  deceased  at  the  time  of  the 
sale  of  the  said  copyhold  premises,  and  that  the  same,  or  so  much 
thereof  as  may  be  necessary,  may  be  applied  in  satisfaction  and 
discharge  of  the  principal  and  interest  which  shall  be  found  to  be 
due  as  aforesaid  to  the  said  Defendant  W.  K. ;  and  that  the  bond 
executed  as  aforesaid  by  the  said  J.  R.,  as  and  for  a  collateral  se- 
curity to  the  said  W.  K.,  may  be  delivered  up  to  your  Orator  and 
Oratrix  to  be  cancelled  ;  and  that  in  the  meantime  the  said  W.  K. 
may  be  restrained,  by  the  injunction  of  this  honorable  Court,  from 
all  further  proceedings  at  law  against  your  Orator  and  Oratrix  on 
the  said  bond.     And  for  further  relief,  &c. 

J.  L. 
Proi/  Suhpcena  as^aiiist  T.  G. 

and  J.  P.,  and  Injunction  aiid    • 

Subpctna  against  W.  K. 


Bill  by  Heir  of  Mortgagor  for  Redemption  of  Copyhold 
Premises,  and  an  Account  of  Rents  and  Profits  received 
by  Mortgagee. 

Humbly  complaining,  &c.  that  E.  M.,  late  of,  &c.  widow,  and  now 
deceased,  the  mother  of  your  Orator,  was,  In,  and  before  the  month 
of  ,  seised  to  her  and  her  heirs,  according  to  the  custom  of  the  manor 
*f  B.  in  the  county  of  S.,  of  and  in  a  certain  copyhold  or  customary  mes- 
suage or  tenement  and  premises,  with  the  appurtenances,  holden  of  the 
said  manor  and  lying  in,  &c.  And  your,  &c.  that  the  said  E.  M.  having 
occasion  to  borrow  a  sum  of  money,  did,  on  or  about  the,  &ic.  apply 
to  I.  C.  M.,  of,  &c.  the  Defendant  hereinafter  named,  to  advance  and 
lend  her  the  sum  of  £  upon  mortgage  of  the  said  copyliold  mes- 

suage or  tenement  and  premises,  and  the  said  I.  C.  M.,  having  consented 
«o  to  do,  your  Orator's  said  late  mother  duly  surrendered  the  said  copy- 


BILLS   UPON  MORTGAGE  MATTERS.  183 

hold  or  customary  messuage  and  tenement,  according  to  the  custom  of 
the  said  manor,  to  the  use  of  the  said  I.  C.  M.,  and  his  heirs,  upon  con- 
dition, nevertheless,  that  the  said  surrender  should  be  void  upon  re- 
payment by  the  said  E.  M.,  her  heirs,  executors,  administrators,  or 
assigns,  to  the  said  I.  C.  M.,  his  executors,  administrators,  or  assigns, 
of  the  said  sum  of  £  ,  with  interest  for  the  same  after  the  rate 

of  5  per  cent,  on  the,  &c.  And  your,  &c.  that  the  said  sum  of 
£  not  being  repaid  within  the  time  mentioned  in  the  said  condition, 
the  said  I.  C.  M.  was,  on  or  about  the  day  of  ,  admitted 

tenant  of  the  said  premises,  according  to  the  custom  of  the  said  manor, 
to  hold  to  him  the  said  I.  C.  M.,  his  heirs  and  assigns  for  ever,  but 
subject,  nevertheless  to  the  equity  of  redemption  thereof  by  tlie  said 
E.  M.,  her  heirs  or  assigns,  as  in  and  by  the  said  surrender  and  ad- 
mission, reference,  &c.  And  your,  &c.  that  the  said  I.  C.  M.,  upon 
his  advancing  the  said  sum  of  ^  to  the  said  E.  M.,  entered  into  pos- 
session of  the  said  mortgaged  premises,  or  into  the  receipt  of  the  rents 
and  profits  thereof;  and  the  said  I.  C.  M.  hath  ever  since  been  and  now 
is  in  such  possession  or  receipt,  and  by  means  thereof,  and  of  money 
from  time  to  time  advanced  and  paid  to  him  by  the  said  E.  M.,  the  said 
1.  C.  M.  hath  been  greatly  more  than  repaid  the  said  principal  sum  of 
£  ,  and  interest  thereon.     And  your,  &c.  that  the  said  E.  M.  de- 

parted this  life  on  or  about  the  day  of  ,  leaving  your 

Orator,  her  youngest  sgjn  and  heir  at  law,  and  heir  according  to  the  cus- 
tom of  the  said  manor  of  B.,  and  thereupon  your  Orator  became  entitled 
to  the  equity  of  redemption  of  the  said  mortgaged  premises.  And  your, 
&c.  that  he  halh,  by  himself  and  his  agents,  repeatedly  applied  to  the 
said  I.  C.  M.,  and  requested  him  to  come  to  an  account  with  your  Orator 
for  the  monies  from  time  to  time  advanced  to  him  in  payment  of  the  said 
mortgage  money  by  the  said  E.  M.  in  her  life-time,  and  for  the  rents  and 
profits  of  the  said  mortgaged  premises  received  by  him  in  the  life-time  of 
the  said  E.  M.  and  since  her  death,  and  to  pay  over  to  your  Orator  what 
upon  such  account  he  shall  appear  to  have  received  beyond  the  said 
principal  sum  of  £  ,   and  interest  thereon,  and  to  surrender  the 

said  copyhold  premises  to  the  use  of  your  Orator  and  his  heirs.  And  your 
Orator  well  hoped,  &c.  But  now,  «&c.  pretends,  that  the  monies  which 
were  paid  to  him  on  account  of  the  said  mortgage  by  the  said  E.  M.  in 
her  life-time,  and  the  i-ents  and  profits  of  the  said  mortgaged  premises 
received  by  him,  or  which,  but  for  his  wilful  default  or  neglect,  he  might 
have  received  since  he  first  entered  into  the  possession  of  the  said  premises 
as  aforesaid,  have  not  been  more  than  sufficient  to  satisfy  and  keep  down 
the  interest  from  time  to  time  accruing  due  on  the  said  principal  sum  of 
-£  .     Charge  contrary,  and  so  it  would  appear,  if  the  said  Defend- 

ant would  set  forth,  as  he  ought  to  do,  a  full  true  and  particular  account 


lJ8ei  BILLS    UPON    MORTGAGE    flL\TTERS. 

of  all  and  every  the  monies  received  by  him  in  or  towards  satisfaction  of 
the  said  mortgage  money,  and  when  and  from  whom  received  ;  and  ylso 
a  full,  true,  and  particular  nroount  of  the  rents  and  profits  of  the  said 
premises,  since  he  first  entered  into  the  possession  of  the  said  premises 
as  aforesaid  received  by  him,  or  which,  but  for  his  wilful  default  and 
neglect  might  have  been  received  by  him,  and  whom,  and  from  whom, 
and  on  what  account  respectively  received  ;  and  your  Orator  further 
charges,  that  in  order  that  the  said  Defendant  might  have  no  pretence 
to  keep  from  your  Orator  tlip  possession  of  tlie  said  mortgaged  premises, 
your  Orator,  in  the  month  of  last,  tendered  to  him  the  full  sum 

o(  £  ,  subject  to  a  future  account  as  to  the  receipts  of  the  said 

Defendants  by  the  means  aforesaid  ;  and  your  Orator,  at  the  same  time. 
earnestly  desired  the  said  Defendant  to  furnish  him  with  the  particulars 
of  the  sums  received  by  him,  by  the  rents  and  profits  of  the  said  pre- 
mises or  otherwise,  in  or  towards  satisfaction  of  the  said  mortgage 
monies  and  ofibred  to  pay  immediately  any  balance  that  should  be  due 
beyond  the  said  sum  of  £  ,  if  any  such  there  were;  but  the  said 
Defendant  refused .  to  accept  the  said  sum  of  =£  ,  or  to  deliver  to 

your  Orator  any  account  of  his  receipts  by  the  rents  and  profits  of  the 
said  premises,  or  otherwise,  and  told  your  Orator  that  he  might  lile  a 
bill  in  equity  against  him  as  soon  as  he  pleased.     AH  which.  &<:. 

Prayer, 

And  that  the  said  Defendant  may  answer  the  premises  ;  and  that  an 
account  may  be  taken  of  the  rents  and  profits  of  the  said  mortgaged 
premises  which  have  been  received  by  the  said  Defoiidant  since  his 
possession  thereof  as  aforesaid,  or  which,  but  for  his  wilful  default 
or  neglect,  might  have  been  so  received  :  and  also  an  account  of  all 
other  the  sums  which  have  been  received  by  the  said  Defendant  in 
or  towards  satisfaction  of  the  said  mortgage  money  ;  and  that  an 
account  may  alio  be  taken  of  the  principal  and  interest  which  hath 
accrued  due  on  the  said  mortgage  ;  and  iii  case  it  shall  appear  that 
tlie  rents  and  profits,  and  other  receipts  of  the  said  Defendant,  ex- 
ceed the  said  princij>al  and  interest,  then  that  the  said  Defendant 
may  be  directed  to  pay  to  your  Orator  such  excess,  your  Orator 
l)eing  ready  and  willing,  and  hereby  offering  to  pay  to  the  said 
Defendant  what,  if  any  thing,  shall  on  the  balance  of  the  said  accounts 
appear  to  remain  due  on  such  mortgage  to  the  said  Defendant  ', 
and  that  the  said  Defendant  may  surrender  the  said  mortgaged  pre- 
mises unto  your  Orator,  or  such  other  person  as  he  shall  appoint, 
free  and  clear  of  all  incumbrances,  done  by  him,  or  any  person 
claiming  by,    from,  or   under   liiin  :    and  may  deliver  up  to  your 


BILLS    UPON    MORTGAGE    MATTERS.  185 

Orator  all  title-deeds  or  writings  in  his  custody  or  power  relating  to  the 
said  mortgaged  premises.     And  for  further  relief. 


Bill  to  have  Goods  re-delivered,  which  had  been  deposited  as 
a  Security  for  Money  lent. 

Humbly  complaining,  &c.  your  Orator  A.  S.  of,  <Src.  (hat  your 
Orator  having  occasion  for  a  sum  of  money  for  the  purposes  of  his 
business,  made  ap[)lication  to  P.  S.  of,  d'c.  the  Defendant  hereinafter 
named,  to  lend  him  the  same,  and  thereupon  the  said  P.  S.,  on  or 
about.  Sec.  advanced  and  lent  to  your  Orator  the   sum   of  £  ,  and 

in  order  to  secure  the  repayment  thereof,  with  interest,  your  Orator  de- 
posited v/ith  the  said  Defendant  a  box  of  tanned  boot-legs  and  tops, 
which  were  of  the  value  of  £  and  upwards,  and  at  the  same  time 
executed  and  delivered  to  the  said  Defendant  a  bill  of  sale  of  the  said 
goods  so  deposited  with  him,  but  it  was  not  meant  and  intended  thereb)'^, 
either  by  your  Orator  or  the  said  Defendant,  that  the  said  transaction 
should  amount  to  an  absolute  sale  of  the  said  goods  to  the  said  De- 
fendant, but  it  was  expressly  agreed,  between  your  Orator  and  the  said 
Defendant,  that  your  Orator  should  nevertheless  be  at  liberty  to  redeem 
the  same ;  and  your  Orator  sheweth,  that  being  desirous  to  redeem  the 
said  goods,  he  hath  repeatedly  applied  to  tiie  said  P.  S.,  and  hath  oflered 
to  repay  him  the  said  sum  of  £  with  lawful  interest  thereon,  on  having 
the  said  goods  re-delivered  to  him  ;  with  which  just  and  reasonable  request 
your  Orator  well  hoped,  &c.     But  now  so  it  is,  &c.    To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises ;  and  that  an 
account  may  be  taken  of  what  is  due  to  the  said  Defendant  for 
principal  and  interest,  in  respect  of  the  said  loan  of  £  ,  and 

that,  upon  payment  thereof  by  your  Orator,  the  said  Defendant  may 
be  decreed  to  deliver  over  to  your  Orator  the  said  goods  so  deposited 
with  him  as  aforesaid.  And  that  your  Orator  may  have  such  fur- 
ther and  other  relief.  &c. 

J.  L. 


26 


186 


SKlT.    IX. — BILLS    Ui'ON    BANKULl'T    .MAI  TEJ'.S. 


Bill  by  Assignees  of  Bankrvpt  against  Bankers,  for  an 
Account  of  Money  produced  by  Side  of  Estates,  which 
ivere  assigned  to  them  for  paying  certain  Bills  which 
they  accepted  for  the  Bankrupt. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  J.  M. 
of,  Sec.  W.  P.  of,  &:c.  and  J.  H.  of,  &c.  assignees  of  the  estate  and  ef- 
fects of  C.  H.  H.  late  of,  &c.  banker,  that  the  said  C.  H.  H.  was,  in 
and  before  the  month  of  ,  seised  in   fee-simple,  or  otherwise  well 

entitled,  to  him  and  his  heirs,  subject  only  to  an  estate  lor  life  to  his  wife 
E.  A.  H.  in  case  she  should  survive  him,  of  and  in  the  manor,  8cc.  (^set 
out  the  premises .)  And  your  Orators  shew,  that  b}^  certain  indentures  of 
lease  and  release,  bearing  date  respectively  the.  Sec.  the  release  being  of 
three  parts,  and  made,  or  expressed  to  be  made,  between  the  said  C.  H.  G. 
of  the  first  part,  S.  O.  H.  of,  &c.  of  the  second  part,  and  T.  H.  L.  M, 
S.  B.  C.  G.  and  H.  H.  all  of,  Ssc.  bankers,  and  five  of  the  Defendants 
hereto,  of  the  third  part,  the  said  C.  H.  II,  by  way  of  securing  to  the 
said  T.  H.  and  his  said  copartners,  all  such  sums  of  money  as  should  be 
advanced  by  them  to  or  for  the  Mse  of  him  ihe  said  C.  H.  H.  granted, 
released,  and  confirmed  unto  the  said  T.  II.  &o.  and  to  their  heirs  and 
assigns,  all  tliose  the  aforesaid  manor,  6cc.  to  hold,  &c.  (set  out  this  deed, 
tchich  empowers  Drfendttiits  to  sell)  as  in  and  by,  &-c.  And  your  Ora- 
tors furtiier  shew  unto  your  Lord^hip,  that  the  said  T.  II.  and  his  said 
copartnership  allege,  that  upon  the  credit  of  the  said  security,  they  the 
said  T.  H.  and  his  said  co-partners,  accepted  bills  drawn  upon  them  by 
the  said  C    H.  II.  to  the  amoimt  of  £  over  and   above  the  money 

of  the  said  C.  H.  H.  in  the  hands  of  the  said  T.  II.  and  his  said  copart- 
ners, and  when  the  same  became  due,  the  said  C.  II.  H.  did  not  pro- 
vide them  with  money  for  the  payment  of  the  said  bills  or  any  of  them, 
and  the  said  T.  H.  and  his  said  copartners  were  obliged  to  take  up  and 
pay  the  same  with  their  own  proper  monies.  And  your,  &c.  that  the 
said  T.  H.  and  the  said  Defendunts  his  copartners,  with  the  privity  and 
approbation  of  the  said  C.  II.  II.  and  E.  A.  his  wife,  caused  the  said 
manor  and  premises  aforesaid  to  be  put  up  to  sale  by  public  auction, 
on  the  day  of  ,  by  Mr.  ('.   and  the   same  were   then    sold    to 

one  E.  R.  esq.  who  was  the  highest  Li.ider  at  tlu;  said  sale,  ivr  the  .sum 
of  o£  .     And  your,  &c.  that  after  the  said  sale,  and  on  or  about  the, 

A'c.  a  commission  of  bankrupt  under  the  great  seal  of  Great  Diituiu  was 


BILLS    UPON    BANKRUPT    MATTERS.  187 

awarded  and  issued  aeainst  the  said  C.  11,  H.  and  he  was  thereupon  duly 
found  and  declared  a  bankrupt  by  the  major  part  of  the  commissioners 
in  and  by  the  said  commission  named  and  authorized,  and  your  Orators 
were  duly  chozen  assignees  of  his  estate  and  effects  ;  and  the  usual  assign- 
ment of  his  personal  estate,  and  a  bargain  and  sale  of  his  real  estate  was 
duly  made  to  your  Orators  by  the  major  part  of  the  commissioners  in 
the  said  commission  named.  And  your,  &c.  that  by  indentures  of  lease 
and  relt-ase,  l)earing  date  respectively,  &c.  the  release  being  of  six  parts, 
and  made  between,  &c.  the  said  manor  and  other  premises  were,  in  con- 
sideration of  the  said  sum  of  £  ,  duly  conveyed  unto  the  said  E.  R. 
in  manner  therein  mentioned.  And  your,  &c.  that  the  said  price  or  sum 
of  £  was  paid  by  the  said  E.  R.  to  the  said  T.  H.  and  his  said 
copartners,  and  that  the  said  T.  H.  and  his  said  copartners  afterwards 
paiJ.  ihe  sum  of  ^  ,  part  thereof,  as  or  for  the  consideration  or  value 
of  ihe  life  estate  to  which  the  said  E.  A.  II.  was  entitled  in  remainder  in 
the  said  maiior  and  premises  as  aforesaid,  but  the  said  T.  H.  and  the 
said  Defendants  his  said  copartners,  have  ever  sinee  retained,  and  do 
now  retain  in  their  hands,  the  residue  of  the  said  sum  of  c£  ,  which, 

after  sati:^fying  their  own  debt,  amounts  to  between  £  and  £  , 

and  they  have  from  time  to  time  mixed  such  residue  with  their  own 
monies,  and  employed  the  same  in  their  trade  or  business  of  bankers,  or 
have  otherwise  made  interest  thereof.  And  your  Orators  shew,  that 
they,  by  themselves  and  their  agents,  have  repeatedly  applied  to  the  said 
T,  H.  and  his  said  copartners,  to  pay  to  them,  as  assignees  as  aforesaid, 
the  residue  of  the  aforesaid  purchase  money,  after  satisfying  their  own 
debt,  together  with  interest  thereon,  from  the  time  they  received  the  same. 
And  your  Orators  well  hoped  that  the  said  Defendants  would  have  com- 
plied, &'c.  but  now  so  it  is,  &c.  refuse  so  to  do.  And  the  said  T.  H. 
L.  M.  &c.  &c.  pretend,  that  the  monies  produced  by  the  sale  of  the  said- 
manor  and  premises  were  to  an  inconsiderable  amount,  and  not  sufficient, 
after  deducting  the  aforesaid  sum  of  £  ,  to  pay  and  satisfy  the  debt 

due  to  them,  whereas  your  Orators  charge  the  contrary  of  such  pre- 
tences to  be  the  truth,  and  so  it  would  appear,  if  the  said  Defendants  T.  H. 
L.  l\l.  Sec.  &c.  would  set  forth,  as  they  ought  to  do,  a  full  and  true  ac- 
count of  all  and  every  the  dealings  and  transactions  between  the  said 
Defendants  and  the  said  C.  H.  II.,  and  of  what  is  due  to  the  said  De- 
fendants in  respect  thereof;  and  also  a  full  and  true  account  of  the 
monies  received  by  them  from  the  sale  of  the  said  manor  and  premises, 
and  of  their  application  thereof.  And  your  Orators  further  charge,  that 
the  said  other  Defendants  severally  claim  some  interest  in  the  said  re- 
sidue of  the  said  purchase  money  now  in  the  hands  of  the  said  T.  H. 
and  his  said  copartners,  but  how  they  make  out  the  same  they  respec- 
tively refuse  to  discover.  All  which  actings,  doings.  Sec  To  the  end.  Sire 


188  BILLS   UPON  BANKRUPT  MATTKRS. 

Interrogating  Part. 

Whether  the  said  C.  II.  H.  ua?  not,  in  and  bpfore  tiie  nuinth  of  , 
seised  in  fee-rimple,  or  ollierwise  well  entitled,  to  Iiini  and  his  heirs,  sub- 
ject as  aforesaid,  of  and  in  the  manor,  hinds,  and  premises  hereinbefore 
mentioned,  or  some  and  what  part  thereof,  or  of  and  in  some  other, 
and  what  lands  and  premises,  and  whether  siu-'i  indentures  of  lease  and 
release  as  are  hereinbefore  stated  to  bear  date  respectively  the,  &c.  were 
not  made  and  executed  between  such  parties,  and  to  such  purport  and 
eifect  as  hereinbefore  set  forth,  or  some  other  indentures  of  lease  and 
release,  of  some  other,  and  what  date,  between  some  other  parties,  and 
whom,  to  such  or  the  like,  or  some  other  and  what  purport  and  eflect ; 
and  whether  upon  the  credit  of  the  aforesaid  security,  the  said  T.  II. 
and  his  said  copartners,  or  any  and  which  of  them,  did  accept  any  and 
wliat  bills  drawn  upon  tliem,  or  some,  or  one,  and  which  of  them,  by 
the  said  C.  H.  II.  ;  and  whether  to  the  amount  of  £  ,  or  to  what 
amount,  over  and  above  the  money  of  the  said  C.  H.  IT.  in  the  hands  of 
the  said  T.  II.  and  his  said  copartners  ;  and  whether  when  t'le  same  be- 
came due.  the  said  (.'.  11.  11.  did  or  not  provide  them  with  money  for 
the  paym(  !it  of  the  said  bills,  or  any  and  which  of  them  ;  and  whether 
the  said  T.  IT.  and  his  said  copartners  did  take  up  and  pay  the  same, 
or  any  and  \viiich  of  them,  with  their  own  proper  monies  or  how  other- 
wise;  and  whether  the  said  T.  II.  and  the  said  Defendants  his  co[)art- 
ners,  with  the  privity  and  approI)a1ion  of  the  said  C  IL  H.  and  E.  A, 
his  wife,  did  not  cause  the  said  manor  and  premises  tu  be  put  up  to 
sale  by  public  auction,  at  or  about  the  time  hereinbefore  mentioned,  or 
at  some  other  time,  and  when;  and  whether  not  by  IMr.  C.  or  by  whom  ; 
and  whether  the  same  were  not  then  sold  to  the  said  E.  R.  for  the  surh 
of  £  ,  or  at  what  other  price;  and  whether  the  said  E.  R.  was  not 
the  highest  bidder  at  the  said  sale,  for  ihe  said  sum  of    ''  ,  or  how 

otherwise:  and  whether  after  the  said  sale,  and  on  or  about  the,  Sec.  a 
commission  of  bankrupt  under  the  great  seal  of  Great  Britain  was  not 
awarded  and  issued  against  the  said  C.  IT.  IT.;  and  whether  he  was 
not  thereupon  duly  found  and  declared  a  bankrupt  by  the  major  part  of 
the  comnjissioners  in  and  by  the  said  conjmis>ion  named  and  authorized, 
or  how  otherwise ;  and  whether  your  Orators  were  not  duly  chosen  as- 
signees of  his  estate  and  eflects  :  and  whether  the  usual  assignment  of  his 
pergonal  estate,  and  a  bargain  and  sale  of  his  real  estate  was  not  duly 
made  to  your  Orators  by  the  major  part  of  the  commissioners  in  the 
said  commission  named,  or  how  otherwise:  and  whether  the  said  manor 
and  other  premises  were  not  duly  conveyed  to  the  said  E.  R.  by  such  in- 
dentures of  lease  and  release  as  aforesaid,  or  by  some  other  and  what  in- 
dentures j  and  whether  the  said  price  or  sum  of  £         ,  or  some  other 


niLLS  UPON  BANKRUPT  MATTERS.         189 

and  what  sum  was  not  paid  by  the  said  E.  R.  to  the  said  T.  H.  and  his 
said  copartners,  or  one  and  which  of  them  ;  and  whether  the  said  T.  H. 
and  his  said  copartners  did  not  afterwards  pay  the  sum  o(  £  ,  or 
some  other  and  what  sum,  part  thereof,  as  or  for  the  consideration  or 
vahic  of  the  Hfe  estate  to  which  the  said  E.  A.  H.  was  entitled  in  re- 
mainder in  the  said  manor  and  premises  as  aforesaid,  or  how  otherwise; 
and  whether  the  said  T.  H.  and  the  said  Defendants  his  copartners  have 
not  ever  since  retained,  and  do  not  now  retain  in  their  hands,  the  residue 
of  the  said  sum  of  .i'  ,  and  if  so,  why  and  for  what  reason;  and  whe- 
ther, after  satisfying  their  own  debts,  the  same  doili  not  amount  to  be- 
tween ij'  and  i£'  ,  and  to  what  sum  in  particular;  and  whether 
they  have  not  from  time  to  lime,  or  at  some  time  or  times,  and  when, 
mixed  such  residue,  or  some  and  what  part  thereof,  with  their,  or  some, 
or  one,  and  which  of  their  own  monies  ;  and  whether  they  have  not,  and 
when,  and  for  liow  long,  employed  the  same,  or  some  and  what  part 
thereof,  in  their  trade  or  business  of  bankers,  or  otherwise,  and  how 
made  interest  thereof,  or  some  and  what  part,  or  how  otherwise;  and 
whether  your  Orators  have  not  made  such  applications  to  the  said  De- 
fendants as  hereinbefore  mentioned,  or  some  other  and  what  applica- 
tions to  such  or  the  like,  or  some  othei'  and  what  effect ;  and  whether 
they  iiave  not  respectively  refused  to  comply  therewith,  and  if  so,  why 
and  for  what  reason  ;  and  that  the  said  Defendants  may  set  forth  a  full 
and  true  account  of  all  and  every  the  deahngs  and  transactions  between 
the  said  Defendants,  or  either  of  th.em,  and  the  said  C.  H.  II.  and  of 
what  is  due  to  the  said  Defendants  in  respect  thereof;  and  also  a  full  and 
true  account  of  ail  and  every  the  sum  pud  sums  of  money  which  have  or 
hath  been  received  by  them,  or  either  of  them,  or  by  any  other  person 
or  persons  by  the  order  or  for  the  use  of  them,  or  either  and  which  of 
them,  for  or  in  respect  of  the  produce  or  money  arising  by  sale  of  the 
said  manor  and  premises,  or  any  part  thereof,  and  when  and  from  whom 
ail  and  every  such  sums  were  respectively  received,  and  how  the  same 
were  applied. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises;  and  tliat  an 
account  may  be  taken  of  the  monies  received  by  the  said  Defend- 
ants T.  H.  and  his  said  copartners,  from  the  sale  of  the  said  manor 
and  lands  of  G.  and  of  their  application  thereof;  and  also  an  ac- 
iount  of  the  dealings  and  transactions  of  the  said  Defendants  with 
the  said  C.  H.  II.  and  of  the  debt  due  to  them  in  respect  thereof, 
and  secured  by  the  aforesaid  manor  and  premises ;  and  that  the 
balance  which  siiall  appear  to  be  <lue  from  them  upon  the  accounts 
aforesai<!.  together  with  interest  upon   such   balance  from  the  time 


190  BILLS    UPON    BANkllUPT    MATTERS. 

the  said  purchase  monies  were  received  by  them  as   aforesaid,  may 
be  paid  to  your  Orators.     And  for  further  rehef,  &:c. 

J.  L. 


BUI  by  Assignee  of  Bankrupt  to  have  an  Assignment  of 
Lease  of  Premises  delivered  up  to  be  cancelled,  which 
the  Bankrupt  assigned  to  the  Defendant  a  short  Time 
previous  to  his  Bankruptcy.  Charge  for  want  of  va- 
luable Consideration. 

Humbly  complaining,  slieweth  unto  your  Lordsliip,  your  Orator  S.  S. 
of,  &c.  the  assignee  of  the  estate  and  effects  of  T.  D.  late  of,  &'c.  that 
by  an  indenture  of  lease,  bearing  date  on  or  about  the         day  of  , 

one  I.  N.  of,  &c.  demised  unio  the  said  T.  D.  messuages  or  tene- 

ments, then,  &;c.  then  in  the  occupation  of  the  said  T.  D.  with  the  ap- 
purtenances, to  hold  from  the  da}'  of  ,  for  the  term  of  years, 
under  and  subject  to  the  payment  of  the  yearly  rent  of  £  ,  and  to 

the  performance  of  the  several  covenants,  conditions,  and  agreements 
therein  conftiined,  as  in  at»d  by  the  said  indenture  of  lease,  which  is  now 
in  the  custody  or  power  of  W.  C  of^  &c.  the  Defendant  hereinafter 
named,  reference  being  thereto  had,  will  more  fully  appear.  And  your, 
Sec.  that  in  or  about,  A:c.  the  said  T.  I),  being  insolvent  and  unable  to 
pay  his  creditors,  and  well  knowing  that  a  commission  of  bankruptcy 
would  speedily  be  issued  against  him,  the  said  T.  D.  concerted  and 
agreed  with  the  said  Defendant  W.  C.  to  assign  to  him  the  said  indenture 
of  lease  for  a  nominal  consideration  of  £  ,  to  be  expressed  in  the 

deed  of  assignment ;  and  the  said  T.  D.  caused  a  deed  of  assignment  to 
be  prepared  accordingly  by  his  own  solicitor,  and  the  same  was  dated 
on,  <^'c.  and  was  executed  by  the  said  T.  D.  on  the  day  of  the  date 
thereof;  and  the  said  T.  D.  then,  or  about  that  time,  delivered  the  said 
indenture  of  lease  and  assignment  to  the  said  Defendant.  And  your 
Orator  shevveth,  tliat  the  said  W.  C.  did  not  in  fact  pay  to  the  said 
T.  D.  the  said  sum  of  d!  ,  and  that  the  said  assignment  was 

so  made  in  order  to  prevent  the  just  creditors  of  the  said  T.  D.  from 
having  the  benefit  of  the  said  lease  in  case  of  his  bankruptcy,  and  that 
the  said  Defendant  might  hold  tiie  same  in  trust  lor  the  said  T.  D. 
or  some  part  of  his  family,  or  for  the  joint  benefit  of  the  said  T.  D. 
and  the  said  Defendant.  And  your,  &c.  that  on  or  about,  &c.  a  com- 
mission of  ba^nkrupt  under  the  great  seal  of  Great  Britain  was  awarded 
aiid  issued  against  the  said  '1'.  D.,  &:r..  [state  commission)  as  in  and 
by  the  said  commission,  and  the  proceedings  had  thereupon,  when  pro- 


BILLS    UPON    BVNKllUrT    MArTKR3.  19J 

tliioed,  will  appear.  And  your,  &rc.  iliat  lie  liatli  by  himself  antl  his 
ajvcnts  ropcatcdly  apfilicd  to  the  said  DcfcMulant  W.  C.  and  liath  re- 
quested him  to  deliver  up  the  said  assii^^nment  to  he  cancelled,  and 
also  deliver  up  to  your  Orator  the  said  indenlure  of  lease,  in  order 
that  your  Orator  may  disjwse  of  tlie  same  for  the  benefit  of  the  just 
creditors  of  the  said  T.  D.  with  which  just  and  reasonable  request 
your  Orator  well  hoped,  &c.  Eut  now,  ^.c.  hath  absolutely  refused 
so  to  do.  And  the  said  Defendant  i)ietends,  that  he  duly  paid  to  the 
said  T.  D.  the  said  consideration  of  =t'  at  the  time  of  his  exe- 

cuting the  said  assignment,  whereas  your  Oraior  charges  the  contrary 
thereof  to  be  the  truth  as  aforesaid.  And  your  ()rator  charges,  iliat 
the  said  Defendant  is  a  person  in  poor  circumstances,  and  had  not  at 
that  time  a  sura  of  £  in  his  possession   or  power.     And  the 

said  Defendant  refuses  to  set  forth  in  what  manner  he  paid  the  said 
sum  of  £  ,  and  when   and   from  whom  he  received   or  ob- 

tained the  same,  or  by  what  means  he  was  enabled  to  make  such  pay- 
ment. And  at  other  times  the  said  Defendant  pretends,  tliat  the  said 
T.  D.  was  indebted  to  him  at  the  time  of  executing  the  said  assignment 
in  the  said  sum  of  =£  ,  and  that  the  said  assignment  was  executed  by 
the  said  T.  D.  in  consideration  of  the  said  debt ;  but  wiien  and  how  the 
said  T.  D.  so  became  indebted  to  him  the  said  Defendant  refuses  to  dis- 
cover. And  j'our  Orator  charges,thatif  the  said  T.  D.  had  at  any  timebeen 
indebted  to  the  said  AV.  C.  he  had  by  some  means  fully  satisfied  the  said 
<lebt.  And  your  Orator  charges,  that  the  said  T.  D,  first  proposed  to 
the  said  Defendant  the  making  of  the  said  assignment,  and  that  the  said 
Defendant,  at  the  time  the  same  was  executed,  knew,  or  believed,  or  had 
some  reason  to  believe  or  suspect  that  the  said  T.  D.  was  in  embarrassed 
« ircumstances,  and  was  about  to  become  bankrupt,  and  the  said  Defend- 
ant accepted  such  assignment  with  a  view  to  the  advantage  of  the  said 
T.  D.  or  some  part  of  his  family.  And  your  Orator  charges,  that  it  was 
agreed  or  understood,  that  the  said  Defendant  was  not  to  hold  the  said 
lease  for  his  own  sole  benefit,  and  as  his  own  sole  property.  And  your 
Orator  further  charges  tliat  the  said  lease  was  of  much  greater  value  thao 
the  said  sum  of  .€'  ,  and  was  in  fact  worth  £  .  And  vour  Orator 
further  charges,  that  the  said  T.  D.  caused  the  said  assignment  to  be  re* 
gistered  on  the  day  it  was  executed,  and  that  the  solicitor  of  the  said 
T.  D.  at  his  request,  paid  an  expedition  fee  foi-  the  registering  thereof. 
All  U'hich  actings,  &c.     To  the  end,  &c. 

Interrogating  Ptut. 

Whether  an  indenture  of  lease,  was  not  made  of  such  date  and  to  such 
cSacX.  as  hereinbefore  particularly  mentioned,  or  some  other,  and  what 
indenture  of  some  other,  and  what  date,  t©  such  ©r  the  like  or  some  other 


1^  BILLS    UPON    BANKRUPT    MATTERS. 

and  wliat  eflect,  and  whetlier  such  indenture  of  lease  is  not,  or  lately  was 
not,  and  when  last  in  the  custody  or  power  of  the  said  W.  C.  or  in  the 
custody  or  power  of  some  other  person,  and  whom,  and  wliat  is  become 
thereof;  and  whether,  in  or  about  the  latter  end  of  the  month  of 
or  at  some  other  time,  and  when,  the  said  T.  D.  was  not  insolvent, 
and  whether  he  was  not  unable  to  pay  his  creditors  ;  and  whether  he  did 
not  know,  believe,  or  suspect,  that  a  commission  of  bankruptcy  would  be 
speedily  issued  against  him  ;  and  whether  he,  the  said  T.  D.  did  not 
concert  and  agree  with  the  said  Defendant  W.  C.  to  assign  to  him  the  said 
indenture  of  lease,  and  what  was  the  particular  agreement  made  between 
them  in  that  respect,  and  all  and  every  the  terras  thereof;  and  whether 
not  for  a  nominal  consideration  of  £  or  some  other  and  wiiat  sum,  to 
be  expressed  in  the  deed  of  assignment,  or  for  what  other  consideration  ; 
and  whether  the  said  T.  D.  did  not  cause  some,  and  what  deed  of  assign- 
ment, to  be  prepared  accordingly  by  his  own  solicitor,  or  by  some  other 
person,  and  whom,  or  who  else  caused  the  said  deed  of  assignment  to  be 
prepared  and  by  whom  was  it  prepared  ;  and  whether  the  same  was  not 
dated  on  the         of  ,  or  when  was  the  same  dated  ;  and  whether 

it  was  not  executed  by  the  said  T.  D.  on  the  diiy  of  the  date  thereof,  or 
when  else  was  it  executed,  and  whether  the  said  T.  D.  did  not  then  or  at 
some  other  time,  and  when,  deliver  the  said  indenture  of  lease  and  assign- 
ment, or  one  and  which  of  them,  to  the  said  Defendant,  or  to  some  other 
person,  and  whom;  and  whether  the  said  W.  C.  did  in  fact,  and  when,  pay 
to  the  said  T.  D.  the  said  sum  of  £  or  any  other  and  what  sura,  as 

the  consideration  of  the  said  assignment ;  and  whether  the  said  assignment 
was  not  so  made,  in  order  to  jnevent  the  just  creditors  of  the  said  T.  D. 
from  having  the  benefit  of  the  said  lease  in  case  of  his  bankruptcy,  and 
whether  not,  that  the  Defendant  might  hold  the  same  in  trust  for  the 
said  T.  D.  or  for  some  and  what  part  of  his  fau)ily:  and  whether  not  for 
the  joint  benefit  of  the  said  T.  D.  and  the  said  Defendant,  or  either  and 
which  of  them,  or  what  in  particular  were  the  reasons  and  inducements 
for  the  said  T.  D.  to  make,  or  the  said  Defendant  to  accept  the  said  as- 
signnu^nt  ;  and  wlu'thcr,  at  or  about  the  time  hereinbefore  mentioned,  or 
at  some  other  time,  and  when,  a  commission  of  bankrupt  under  the  great 
seal  Great  Britain,  was  not  awarded  and  issued  against  the  said  T.  D. 
and  whether  he  was  not  thereupon  duly  found  and  declared  a  bankrupt 
by  the  major  part  of  the  commissioners  in  and  by  the  said  commission 
named  and  authorized  ;  and  whether  your  Orator  was  not  duly  chosen  the 
assignee  of  his  estate  and  eftects  ;  and  whether  the  usual  assignment  of 
his  estate  and  eflVcts  was  not  duly  made  to  your  Orator  by  tiie  major  part 
of  the  coinmissiouers  in  the  said  commission  named  ;  and  whether 
your  Orator  hath  not  made  such  applications  to  the  said  Defendant 
W.  C.  as  aforesaid,  or  some  other  and  wliat  applications,  to  the  like  or 


BILLS    UPON    BANKRUPT    MATTERS.  193 

some  and  what  efiect  ;  and  whctlier  he  hath  not  refused  to  comply  there- 
with, and  for  what  reason  ;  and  whether  the  said  Defendant  is  not  a  per- 
son in  poor  circumstances ;  and  whether  he  had  at  that  time  a  sum  of 
£  in  his  possession  or  power.  And  if  the  said  Defendant  shall  pre- 
tend that  he  duly  paid  to  the  said  T.  D.  the  said  consideration  of  £  , 
then  that  he  may  set  forth  in  what  manner  he  paid  the  said  sum  of  £ 
and  when  and  from  whom  he  received  or  obtained  the  same,  or  by  what 
means  he  was  enabled  to  make  such  payment.  And  if  the  said  Defen- 
dant shall  pretend  that  the  said  T.  D.  was  indebted  to  him  at  the  time  of 
executing  the  said  assignment  in  the  said  sum  of£  ,  and  that  the 

said  assignment  was  executed  by  the  said  T.  D.  in  consideration  of  the 
said  debtj  then  that  he  may  discover  and  set  forth  when  and  how  the 
said  T.  D.  so  became  indebted  to  him  ;  and  wliether  if  the  said  T.  D. 
had  at  any  time  before  been  indebted  to  the  said  W.  C,  he  had  not  by 
some  and  what  means  fully  satisfied  the  said  debt;  and  whether  the  said 
T.  D.  did  not  first,  and  when,  propose  to  the  said  Defendant,  the  making 
of  the  said  assignment,  and  what  was  said  by  the  said  T.  D.  and  the  said 
Defendant  upon  that  occasion,  and  what  passed  thereupon  between  them  ; 
and  whether  the  said  Defendant  did  not,  at  the  time  the  same  was  exe- 
cuted, know  or  believe,  and  whether  he  had  not  some,  and  what  reason, 
lo  believe  or  suspect,  that  the  said  T.  D.  was  in  embarrassed  circum- 
stances ;  and  whether  not  that  he  was  about  to  become  bankrupt  ;  and 
whether  the  said  Defendant  did  not  accept  such  assignment  with  a  view 
to  the  advantage  of  the  said  T.  D.  or  for  some  and  what  part  of  his 
family,  or  for  what  other  reason  or  motive  ;  and  whether  it  was  not  agreed 
or  understood  by  and  between  the  said  T.  D.  or  one  and  which  of  them, 
that  the  said  Defendant  was  not  to  hold  the  said  lease  for  his  own 
sole  benefit  and  as  his  own  sole  property,  and  what  in  particular  was 
imderstood  and  agreed  between  them  in  that  respect ;  and  whether  the 
said  lease  was  not  of  greater,  and  how  much  greater  value  than  the  said 
sum  of  £  ;  and  whether  it  was  not  in  fact  worth  £  •  and  whether 
the  said  T.  D.  or  some  other  person,  and  whom,  did  not  cause  the  said 
assignment  to  be  registered  on  the  day  it  was  executed  ;  and  whe- 
ther the  solicitor  of  the  said  T.  D.  or  some  other  person,  and  wiiora, 
did  not  at  his  request  or  otherwise,  pay  some  and  what  expedition  fee 
Jbv  the  registering. 

.Pi'ai/er. 

And  that  the  said  Defendant  may  answer  the  premises.     And  that 
the  said  assignment  of  the  said  lease  of  ihe  day  of 

may  be  declared  void,  as  fraudulent  against  your  Orator  and  the  rest 
ef  the  creditors  of  the  said  bankrupt;  and  that  ihp  :-aid  W.C.  may 

26 


194  BILLS    UPON    BANKRUPT    MATTERS. 

be  decreed  to  deliver  up  the  said  assignment  to  your  Orator  to  be 
cancelled.  And  may  also  deliver  up  to  your  Orator  the  said  inden- 
ture of  lease.     And  for  further  relief. 

Pray  Suhpana  against  W.  C. 


BUI  by  Assignees  of  Bankrupt  against  Executors  of  Bank- 
TupVs    Father  for  an  Account^   and  that  the  Residue 
of  the  Estate  may  be  secured  and  invested  for  Benefit  of 
his  Creditors, 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  R  H.. 
t)f  ,  J.  H.  G.,  of  ,  and  R.  M.,  of  ,  that 

T.  B.,  late  of  ,  duly  made  and  published  his  last  will  and  testa- 

ment in  writing,  bearing  date  on  or  about  the  day  of  ,  and 

thereby  amongst  other  things,  gave  and  bequeathed,  &c.  as  in  and  by, 
&c.  And  your,  &c.  that  the  said  Testator  departed  this  life,  on  or  about 
the  day  of  ,  without  having  altered  or  revoked  his   said 

will,  leaving  the  said  M.  B.  his  widow,  and  the  said  W.  B.  and  T.  B. 
in  the  said  will  named,  him  surviving;  and  the  said  M.  B.  hath,  since 
his  death,  duly  proved  the  said  will  in  the  proper  Ecclesiastical  Court, 
and  taken  upon  herself  the  Executorship  thereof;  and  the  said  M.  B. 
together  with  the  said  H.  B.  and  R.  A.  who  interfered  in  the  administra- 
tion of  the  property  of  the  said  Testator,  under  and  by  virtue  of 
the  trusts  of  the  said  will  possessed  themselves  of  the  personal  estate 
and  effects  of  the  said  Testator  to  a  large  amount  and  value,  and  greatly 
more  than  sufficient  to  pay  and  satisfy  his  funeral  expenses,  just  debts 
and  legacies,  the  said  M.  B  ,  H.  B.  and  R.  A.  lent  and  advanced  to  the 
said  W.  B.  the  son  of  the  said  Testator,  another  Defendant  hereto,  the  sura 
of  £  ,  part  of  the  said  Testators'  residuary  estate;  and  they  also  lent  and 
advancedtootherpersons,other  parts  of  the  said  Testator's  residuary  estate 
upon  personal  security,  in  the  place  of  investing  the  same  in  government  or 
real  security  ;  and  the  said  Defendants  permitted  a  part  of  the  said  Tes- 
tator's estate  which  was  owing  at  the  time  of  his  death  upon  personal 
security  to  remain  outstanding  upon  such  security,  whereby  the  same  has 
been  lost,  and  in  particular,  a  sum  of  jf  and  interest  due  from 

I.  C.  of  was  permitted  to  remain  unpaid,  although  tlie 

same  might  have  been  recovered  by  the  said  Defendants  after  tlie  death 
of  the  said  Testator,  if  due  diligence  had  been  used  therein,  and  the  said 
I.  C.  hath  lately  absconded  and  is  become  insolvent.  And  your,  &c, 
that  a  commission  of  bankrupt  under  the  great  seal  of  Great  Britain, 
■Kearine  date  on  or  about,  &c.  hath  been  awarded  and  issued  against  the 


BILLS    UPON   BANKRUPT    MATTERS.  193 

said  T.  B.  the  son,  who  hath  been  thereupon  duly  found  and  declared  A 
bankrupt,  and  the  usual  assignment  of  his  estate  and  effects  hath  been 
duly  made  and  executed  to  your  Orators,  who  were  duly  chosen  by  the, 
creditors  as  the  assignees  of  the  said  bankrupt's  estate.  And  your,  &c. 
that  they  have  by  themselves  and  their  agents  repeatedly  applied  to  the 
said  M.  B.  H.  B.  and  R.  A.  and  requested  them  to  come  to  a  full  and 
true  account  with  your  Orator  for  the  personal  estate  and  effects  of  the 
said  Testator,  and  to  invest  and  secure  the  clear  residuary  estate  of  the 
said  Testator,  possessed  or  received  by  them,  or  which,  but  for  their 
wilful  default  or  neglect  might  have  been  so  possessed  or  received,  so  that 
the  same  might  be  forthcoming  at  the  death  of  the  said  M.  B.  for  the 
benefit  of  your  Orators  as  assignees  as  aforesaid,  and  such  other  persons 
as  may  be  interested  therein.  And  your  Orators  well  hoped,  &c.  But 
now,  &c.  absolutely  refuse  so  to  do  ;  and  the  said  Defendants  at  some 
times  pretend,  that  the  personal  estate  and  effects  of  the  said  T.  B.  the 
said  Testator,  were  small  and  inconsiderable,  and  not  more  than  sufficient 
to  pay  and  satisfy  his  funeral  expenses,  debts  and  legacies,  and  that  they 
have  applied  all  such  personal  estate  and  effects  in  a  due  course  of  admi- 
nistration. Charge  contrary,  and  so  it  would  appear  if  the  said  Defen- 
dants would  set  forth  as  they  ought  to  do,  a  full  and  true  account  of  all 
and  every  the  personal  estate  and  effects  of  the  said  Testator,  which  have 
been  possessed  or  received,  or  but  for  their  wilful  default  or  neglect  might 
have  been  possessed  or  received  by  them,  the  said  Defendants,  or  either  of 
them,  or  by  their  or  either  of  their  order,  or  to  their  or  either  of  their  use, 
and  of  their  application  thereof.  And  your  Orators  further  charge,  that 
when  the  clear  residuary  estate  of  the  said  Testator  is  ascertained  a  moiety 
thereof  ought  to  be  invested  in  this  honorable  Court,  to  the  account  of 
*'  the  moiety  of  T.  B.  the  son,  in  the  residuary  estate  of  the  said  Testator 
T.  B."  in  order  that  your  Orators,  as  the  assignees  of  the  said  T.  B.  for 
the  benefit  of  his  creditors,  may  be  the  better  able  to  sell  and  dispose  of 
the  expectant  interest  of  the  said  T.  B.  in  such  moiety,  upon  the  death  of 
the  said  M.  B. ;  and  your  Orators  charge,  that  in  computing  such  moiety, 
credit  ought  to  be  given  for  the  £  advanced  by  the  said  Defendant 
to  the  said  W.  B.  as  aforesaid,  as  being  advanced  out  of  the  moiety  to 
which  the  said  W.  B.  will  be  entitled  upon  the  death  of  the  said  M.  B. 
And  your  Orators  further  charge,  that  the  said  Defendant  M.  B.  ought 
to  make  out  an  inventory  of  the  said  Testator's  household  goods,  plate, 
linen  and  china,  to  which  she  is  entitled  for  her  life,  and  such  inventory 
ought  to  signed  by  the  said  M.  B.  and  deposited  with  one  of  the  Mas- 
ters of  this  honorable  Court  for  the  benefit  of  all  parties  interested  therein. 
All  which,  &c.     To  the  end,  &c. 


196  BILLS     UPON    BANKRUPT    MATTERS 


Prayer. 

And  that  the  said  Defendants  may  answer  the  preniiso.-;.  And  that  an 
account  may  be  taken  of  the  personal  estate  and  eftects  of  the  said 
Testator  possessed  by,  or  come  to  the  hands  of  the  said  Defendants 
M.  B.  H.  B.  and  R.  A.  or  either  of  them,  or  to  the  hands  of  any 
other  person  or  persons  by  their,  or  either  of  their  order,  or  to  their 
or  either  of  their  use,  or  which,  but  for  tlieir  wilful  default  or  neglect, 
might  have  been  possessed  or  received  by  them.  And  also  an 
account  of  the  said  Testator's  funeral  expenses,  debts  and  legacies, 
and  that  the  said  Testator's  personal  estate  may  be  applied  in  pay- 
ment thereof  in  a  due  course  of  administration.  And  tliat  the  resi- 
due and  clear  surplus  thereof  may  be  ascertained  and  secured  by  and 
under  the  direction  of  this  honorable  Court ;  and  that  one  moiety 
thereof  may  be  carried  to  an  account  of  '•'  the  moiety  of  T.  B.  in 
the  residuary  estate  of  the  Testator  T.  B."  subject  to  the  payment 
of  the  interest  or  dividends  therein  to  the  said  M.  B.  during  her  life. 
And  that  the  said  Defendant  M.  B.  may  make  out  an  inventory  of 
the  said  household  goods,  plate,  linen,  china,  and  other  effects  of  the 
said  Testator,  given  to  the  said  M.  B.  tor  her  life,  and  that  such 
inventory  may  be  signed  by  the  said  M.  B.  and  deposited  with  one 
of  the  Masters  of  this  honorable  Court.  And  tliat  your  Orators 
may  have  such  further  or  other  relief  in  the  premises,  as  to  your 
Lord>hip  shall  seem  meet  and  this  case  may  require.  May  it 
please,  &c. 

Pray  Subpoena  against  M.  B. 
H.  B.  R.  A.  and  W.  B. 


197 


SECT.   X. — BILLS    FOR   CREDITORS. 


Bill  hy  Simple  Contract  Creditors,  against  Administrator^ 
and  in  case  Personals  insufficient,  to  have  Assets  mar- 
sludled. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  A.  B.  of, 
&c.  and  C.  D.  of,  &c.  on  behalf  of  themselves,  and  all  other  the  simple 
contract  creditors  of  E.  F.  late  of,  &c.  deceased,  who  shall  come  in  and 
contribute  to  the  expense  of  this  suit,  that  the  said  E.  F.  departed  this 
life  on  or  about,  &c  and  was  in  his  life-time,  and  at  the  time  of  his  death, 
justly  and  truly  indebted  unto  Plaintiff  A.  B.  in  the  principal  sum  of 
£  ,  with  an  arrear  of  interest  thereon,  upon  and  by  virtue  of  his  the 

said  E.  F.'s  promissory  note  of  hand  in  writing,  bearing  date,  &c.  for  the 
securing  the  payment  of  the  said  sum  of  £  to  said   Plaintiff,  with 

interest  for  the  same,  at  and  after  the  rate  of  ^       per  annum,  as  by  said 
promissory  note,  &c. 

That  the  said  E.  F.  in  his  life-time,  and   at  the  time  of  his  death,  was 
also  justly  and  truly  indebted  unto  Plaintiff  C.  D.  in  the  sum  of  =£■ 
and  upwards,  for  goods  sold  and  delivered,  and  monies,  paid,  laid  out  and 
expended,  to  and  for  his  the  said  E.  F.'s  use. 

That  the  said  E.  F.  was  in  his  life-time,  and  at  the  time  of  his  death, 
possessed  of,  interested  in,  and  entitled  unto  a  very  considerable  personal 
estate,  consisting  of  divers  estates  and  premises,  held  upon  lease  for  terms 
or  a  term  of  years,  and  other  chattels,  real  and  personal,  and  of  various 
other  particulars  to  a  large  amount  and  value  in  the  whole,  and  more  than 
sufficient  to  have  paid  and  satisfied  all  his  just  debts  and  funeral  expenses. 
And  the  said  E.  F.  was  also  in  his  life-time,  and  at  the  time  of  his  death 
seised,  or  well  entitled  unto  some  considerable  real  estates,  lands,  tene- 
ments, and  hereditaments,  situate,  &c.  and  particularly  of  or  to  divers 
freehold  houses  or  tenements  in  L.  aforesaid.  And  also  to  a  c]o;ie  or 
parcel  of  land  in  F.  in  the  county  of  L.  of  some  considerable  yearly  value 
respectively. 

That  the  said  E.  F.  being  so  seised  and  possessed  departed  this  life  at 
or  about,  Sic.  intestate  and  without  issue,  leaving  E.  F.  of,  &c.  his  eldest 
brother  and  heir  at  law,  and  S.  F.  of,  &c.  his  widow  and  relict,  and 
that  the  said  S.  F.  upon  the  death  of  the  said  intestate,  applied  for 
and  obtained  letters  of  administration  of  his  personal  estate  am!  effects 
to  be  duly  granted  to  him,  by  and  out  of  the  proper  Ecclesiastical  Court 
ki  that  behalf,  and  the  said  S.  F.  thereby  became  and  is  the  legal  per- 
sonal representative  of  the  said  E.  F. 


198  BILLS  FOR  CREDITORS. 

That  under  and  by  virtue  of  such  letters  of  administration,  she  the  said 
S.  F.  or  some  person  or  persons  by  her  order  or  for  her  use,  hath  or  have 
possessed,  got  in,  and  received  the  whole  or  the  greatest  part  of  the 
said  intestate's  personal  estate  and  effects,  consisting  of  the  various  par- 
ticulars aforesaid,  and  to  a  considerable  amount  in  the  whole,  and  suffi- 
cient or  more  than  sullicient  to  satisfy  and  pay  all  his  the  said  intestate's 
funeral  expenses  and  just  debts.  And  the  said  E.  F.  the  said  intes- 
tate's heir  at  law,  upon,  or  soon  after  the  decease  of  the  said  intestate, 
entered  upon  and  posstrssed  himself  of  all  his  real  estate  and  premises,  and 
hath  ever  since  been  in  such  possession,  and  he  or  some  person  or  per- 
sons by  his  order,  or  for  his  use,  hath  or  have  ever  since  been  in  the  re- 
ceipt of  the  rents  and  profits  thereof,  and  the  said  E.  F.  now  is  in  such, 
possession  and  receipt. 

That  since  the  death  of  tiie  said  intestate,  the  said  E.  F.  hath  paid 
unto  Plaintiff  A.  B.  the  sum    of  £  ,  in  part  discharge  of  his 

said  debt  or  sum  of  £  ,   but   that   the   remainder   thereof, 

together  with  an  a«rear  of  interest  on  the  whole  of  the  said  debt, 
now  remains  justly  due  and  owing  unto  Plaintiff  A.  B,  and  the  whole  of 
the  said  sum  of  c£  and  upwards,  does  also  still  remain  justly  due  and 
owing  unto  Plaintiff  C.  D.  from  the  said  intestate's  estate. 

That  the  said  S.  F.  having  possessed  the  said  intestate's  personal  estate 
and  effects,  as  aforesaid,  have  applied,  &:c.  and  requested  her  to  pay  and 
satisfy  unto  Plaintiffs  their  said  respective  demands,  by  and  out  of  the  said 
intestate's  personal  estate  and  effects,  if  the  same  were  sufficient  for  that 
purpose.  And  Plaintiffs  have  also  applied  unto  said  E.  F.  and  requested 
him,  that  if  the  said  Testator's  personal  estate  and  effects  were  not  suffi- 
cient, by  reason  of  any  application  thereof,  or  of  any  part  thereof,  to  the 
payment  of  any  specialty  creditors  of  the  said  intestate,  that  he  would 
consent  that  the  deficiency  thereof  might  be  raised  by  sale  of  a  compe- 
tent part  of  the  said  intestate's  real  estate,  or  that  the  said  intestate's  real 
and  personal  assets  might  be  marshalled,  and  his  personal  estate  and 
effects  applied  in  payment  of  his  simple  contract  debts,  and  his  specialty 
debts  paid  out  of  his  real  estate.  And  Plaintiffs  well  hoped,  &c.  But 
now,  &c. 

Preteml,  that  the  said  E.  F.  deceased,  was  not  at  the  time  of  his  death 
indebted  to  Plaintiffs  or  either  of  them  in  any  sum  or  sums  of  money 
whatsoever,  and  that  he  never  made  or  signed  any  such  promissory  note 
of  hand  to  Plaintiff  A.  B.  as  aforesaid. 

Charge  contrari/,  and  that  the  said  intestate  did  duly  make  and  sign 
such  promissory  note  of  hand  in  writing  to  him,  for  securing  his  said  debt 
theretofore  justly  due  and  owing  thereon,  with  interest,  at  and  after  the 
rale  as  before  mentioned. 

Cfiar^re,  tliat  the  whole  of  their  said  several  debts  and  demands  were, 


BILLS  FOR  CREDITORS.  199 

rogelher  with  a  large  arrear  of  interest  on  Plaintiff  A.  B.'s  said  debt, 
justly  due  and  owing  to  PlaiiitifT  at  the  time  of  his  the  said  E.  F.'s  de- 
cease, and  which  said  Defendants  will  at  other  limes  admit,  but  then  S.  F. 

Pretends,  that  personalty  insufficient,  and  applied  in  payment  of  spe- 
cialties, but  what  specialty  debts  in  particular  she  pretends  to  have  paid 
thereout,  refuses  to  discover. 

Charge  contrary ,  and  Plaintifls  are  advised,  and  humbly  insist,  that  if 
said  personal  estate  and  effects  of  said  intestate  have  been  exhausted  by 
the  said  S.  F.  in  paying  or  discharging  of  any  of  his  specialty  debts,  then 
that  Plaintiffs,  and  the  other  simple  contract  creditors  of  the  said  in- 
testate, ought,  and  are  entitled,  in  a  court  of  equity,  to  have  the  said  in- 
testate's assets  marshalled,  and  to  stand  in  the  place  of  such  speci- 
alty creditors,  upon  his  real  estates,  and  to  have  satisfaction  for  their  re- 
spective demands  thereout  to  such  amount,  and  for  so  much  as  such  spe- 
cialty creditors  shall  have  received  out  of  the  said  Testator's  personal 
estates,  and  that  such  real  estate,  or  a  competent  part  thereof,  ought  to 
be  mortgaged  or  sold  for  that  purpose  ;  and  the  said  intestate's  per- 
sonal assets  ought  to  be  applied  solely  in  discharge  of  Plaintiffs,  and 
other  the  simple  contract  creditors  of  the  said  intestate.  But,  neverthe- 
less, the  said  Defendants,  under  such  or  the  like  pretences  as  aforesaid, 
refuse  to  pay  Plaintiffs,  or  either  of  them,  their  said  demands  ;  and  the 
said  Defendants  refuse  to  come  to  an  account  for  the  real  or  personal 
assets  of  the  said  intestate. 

Charge,  that  said  Defendants  E.  F.  hath  possessed  the  title  deeds  and 
writings  belonging  to  and  concerning  the  real  estate  of  the  said  intestate, 
and  which  he  refuses  to  produce  or  discover.  All  which,  &c.  To  the 
end,  &c. 

Prayer. 

That  an  account  may  be  decreed  to  be  taken  of  the  monies  due  to 
Plaintiffs,  in  respect  of  their  said  several  demands  ;  and  that  an  ac- 
count may  be  also  taken  of  the  said  intestate's  personal  estate  and 
effects  possessed  or  received  by,  or  come  to  the  hands  of  the  said 
Defendant,  S.  F.  or  of  any  other  person  or  persons,  by  her  order  or 
for  her  use.  And  also,  an  account  of  the  rents  and  profits  of  the 
said  intestate's  real  estate,  possessed  or  received  by  or  by  the  order, 
or  for  the  use  of  the  said  Defendant  E.  F. ;  and  that  Plaintiffs  may 
be  paid  their  said  respective  demands  out  of  the  said  intestate's  per- 
sonal estate,  if  the  same  shall  be  sufficient  for  that  purpose,  and  to 
pay  all  other  the  said  debts  of  the  said  intestate,  as  well  by  specialty 
^s  by  simple  contract.  But  if  the  same  shall  be  insufficient  for  that 
purpose,  then  that  the  said  intestate's  specialty  debts  may  be  raised 
and  paid  otit  of  his  real  assets,  and  the  simple  contract  debts  of 


200  BILLS  FOR  CREDrXORS. 

the  said  intestate,  paid  out  of  i)is  personal  assets;  and  that 
proper  directions  may  be  given  in  that  behalf.  And  if  any  of  the 
said  intestate's  estate  shall  be,  or  appear  to  have  been  applied  in  pay- 
ment of  the  specialty  debts  of  t.he  said  E.  F.  the  intestate,  then  that 
Plaintiffs,  and  all  other  his  simple  contract  creditors,  may  be  declared 
to  be  entitled  to  a  satisfaction  out  of  his  real  estates,  and  to  such 
amount  as  specialty  creditors  shall  have  received  out  of  his  the  said 
intestate's  personal  estate  and  effects  ;  and  that  a  sufficient  part  of 
the  said  real  estates  may  be  mortgaged  or  sold,  for  raising  the  same  ; 
and  that  all  proper  parties  may  be  decreed  to  join  in  such  mortgage 
or  sale ;  and  that,  by  and  out  of  the  monies  to  arise  therefrom, 
Plaintiffs,  and  all  other  the  simple  contract  creditors  of  the  said  in- 
testate, may  be  respe<:tively  paid  and  satisfied  their  said  several  de- 
mands and  their  costs  of  this  suit ;  and  that  all  the  title  deeds  and 
writings  relating  to  the  said  estate  may  be  produced,  and  all  proper 
and  necessary  directions  given  for  effectuating  the  several  purposes 
aforesaid,  and  the  payment  of  Plaintiffs'  said  demands.  And  for 
further  relief,  &c. 

E.  K. 


A  Bill  by  Specialty  Creditor,  against  Administrator  and 
Heir  at  Law  of  Intestate,  for  Sale  of  Mortgage  Pre- 
mises, to  pay  off  Mortgage,  as  far  as  they  will  extend ^ 
and  in  case  of  Deficiency,  to  he  admitted  a  Creditor 
on  the  general  Assets  of  Intestate ;  and  cdso  for  Pay- 
ment of  an  Annuity,  secured  by  other  Premises,  and 
that  they  may  be  sold,  and  in  case  of  Deficiency,  to  be 
admitted  a  Creditor  on  the  general  Assets  of  Intestate. 
Judgment  having  been  entered  up. 

Humbly  complaining,  sheweth  unto  your   F^ordship,  your  Orator,  H. 
of,  &c.  on  behalf  of  him«oll  and  all  other  the  creditors,  Arc.  that  by  in- 
dentures of  lease  and  release,  bearing  date  respectively  the         and 
days  of  ,  your  Orator,  in  consideration  of  a  certain  post 

obit  security,  for  the  sum  of  £  tlierein  mentioned,  conveyed  to 

the  said  T.  II.  the  fee-simple  and  inheritance  of  freehold  unfinished 

houses,  situate  and  being,  &'c.  And  your  Orator  sheweth,  that  by  in- 
denture, bearing  date  on  the  same  day  of  the  said  T.  H.  in 
consid<^'raiion  of  the  sum  of  .£  ,  then  lent  and  advanced  by  your 
Orator  t'»  the  said  T.  II.  granted  and  demised  to  your  Orator  of  the 
btfi>rc  mentioned  houses,  for  the  term  of         years  by  way  of  mortgage. 


KILLS  FOR  CREDITORS.  201 

And  the  said  indenture  contains  the  usual  covenant  for  payment  of  the 
said  £  and  interest,  and  the  usual  proviso  of  redemption.     And 

your  Orator  slieweth,  that  by  a  certain  other  indenture,  bearing  date 
the  same         day  of  tlie  said  T.  IT.  granted  and  demised  the 

other         of  the  before  mentioned  houses,  for  the  term  of  years,  in 

trust  for  the  further  and  better  securing  to  your  Orator,  either  from  the 
receipt  of  the  rents,  or  by  sale  or  mortgage  of  the  said  last  mentioned  pre- 
mises, an  annuity  or  clear  yearly  sum  of  cf  ,  for  and  dtuing  the  natural 
life  of  your  Orator,  which  had  been  before  granted  to  your  Orator  by  the 
said  T.  II.  by  a  certain  indenture,  bearing  date  on  or  about  the  day 
of  ,  as  in  and  by  the  said  several  indentures,  reference,  &c. 

and  your  Orator  further  sheweth  unto  your  Lordship,  that  the  said  T.  H. 
depaited  this  life  on  or  about  the  day  of  intestate,  and 

without  issue,  leaving  T.  H.  of,  &c.  his  only  brother  and  heir  at  law,  and 
the  defendant  hereinafter  named,  him  surviving;  whereupon  the  reversion 
of  the  said  houses  at  aforesaid,  descended  to  and  became 

vested  in  the  said  T.  H.  subject  to  the  said  two  terms  aforesaid.  And 
your  Orator  sheweth,  that  upon,  or  soon  after  the  death  of  the  said  in- 
testate, the  said  T.  H.  obtained  letters  of  administration  of  the  goods, 
chattels,  personal  estate  and  eftects  of  his  said  late  brother,  to  be  granted 
to  him  by  and  out  of  the  proper  Ecclesiastical  Court,  and,  by  virtue  tliere- 
of,  hat!)  possessed  himself  of  the  personal  estate  and  effects  of  the  said 
intestate  to  a  considerable  amount.  And  your  Orator  sheweth,  that  the 
said  intestate,  in  his  life-time,  paid  the  interest  due  to  your  Orator  upon 
the  said  mortgage,  up  to  the         day  of  ,  and  the  arrears 

of  the  said  annuity  up  to  the  of  ,  but  the  whole  of  the 

said  principal  sum  of  £  ,  together  with  all  interest  thereon,  from  the 
said         day  of  ,  now  remains  clue  to  your  said  Orator,  as 

well  as  all  the  arrears  of  the  said  annuity,  from  the  said  day  of 
And  your  Orator  sheweth,  that  he  is  a  judgment  creditor  of  the  said  T.  H. 
in  respect  of  the  said  arrears  of  the  said  annuity,  by  virtue  of  a  warrant  of 
attorney,  made  and  executed  by  the  said  T.  II.  at  the  time  of  granting  the 
said  annuity,  and  on  which  judgment  hath  been  duly  entered  up  by  your 
Orator.  And  your  Orator  sheweth,  that  the  said  houses,  comprised 
in  the  aforesaid  mortgage,  being  an  insufficient  security,  your  Orator  is 
advised  that  he  is  well  entitled  to  have  a  sale  of  the  said  houses,  and 
to  have  the  produce  thereof  applied,  as  far  as  the  same  will  extend,  in 
payment  of  the  said  principal  sum  of  £  and  interest,  and  to  be  ad- 

mitted as  a  specially  creditor  against  the  general  assets  of  the  said  intes- 
tate, for  the  deficiency  ;  and  that  he  is  also  well  entitled  to  have  a  value 
put  upon  his  said  annuity,  and  in  like  manner  to  have  a  sale  of  the  said 
other  houses,  demised  as  aforesaid,  for  the  security  of  the  said  an- 
nuity, and  to  have  the  produce  thereof  applied,  as  f:-ir  as  the  '  auie  wiil 

27 


302  BILLS  FOR  CREDITORS. 

extend,  in  satisfaction  of  the  value  which  shall  so  be  set  on  the  said  an- 
nuity, and  of  the  arrears  due  thereon,  and  to  be  admitted  as  a  judgment 
creditor  against  the  general  assets  of  the  said  intestate,  in  respect  of  any 
deficiency.  And  your  Orator  sheweth  tliat  he  hath,  by  himself  and  his 
agents,  repeatedly  applied  to  the  said  T.  H.  for  the  purposes  aforesaid. 
And  your  Orator  well  hoped,  &c.  But  now,  &c.  absolutely  refuses  so 
to  do.  And  the  said  Defendants,  at  some  times,  pretend,  that  the  per- 
sonal estate  of  the  said  intestate  is  small  and  inconsiderable.  Whereas 
your  Orator  charges  the  contrary  thereof  to  be  the  truth  ;  and  so  it  would 
appear,  if  the  said  Defendant  would  set  forth,  as  he  ought  to  do,  a  full 
and  true  account  of  the  said  personal  estate  and  effects  of  the  said  intes- 
tate, and  of  his  application  thereof.     All  which,  &c.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises  ;  and  that  an 
account  may  be  taken  of  the  principal  sura  and  interest  remaining 
due  to  your  Orator  on  the  aforesaid  mortgage  security,  and  that  the 
said  mortgaged  premises  may  be  sold,  and  the  produce  thereof  ap- 
plied, as  far  as  the  same  will  extend,  in  satisfaction  of  what  shall  be 
so  found  due  ;  and  that  3'our  Orator  may  be  admitted  as  a  creditor 
against  the  general  assets  of  the  said  intestate,  in  respect  of  the  defi- 
ciency ;  and  that  a  value  may  be  set  upon  the  said  annuity  of  £  , 
and  that  an  account  may  also  be  taken  of  the  arrears  of  the  said  an- 
nuity, and  that  the  said  houses,  demised  as  aforesaid,  for  the 
security  of  the  said  annuity,  may  in  like  manner  be  sold,  and  the 
produce  thereof  applied,  as  far  as  the  same  will  extend,  in  satisfac- 
tion of  the  value  so  set  upon  the  said  annuity,  and  of  the  said  ar- 
rears, and  that  your  Orator  may  be  admitu'd  as  a  creditor  against  the 
general  assets  of  the  said  intestate,  in  respect  of  the  said  deficiency, 
and  that  an  account  may  be  taken  of  the  said  intestate's  personal 
estate  and  effects,  possessed  or  received  by  the  said  Defendant,  or 
by  any  other  person  or  persons,  by  his  order,  or  for  his  use  ;  and  als» 
an  account  of  the  said  intestate's  funeral  expenses  and  just  debts, 
and  that  the  said  personal  estate  and  cflects  may  be  applied  in  pay- 
ment of  what  shall  remain  due  to  your  Orntor.  in  resjject  of  the  mat- 
ters aforesaid,  and  of  the  other  creditors  of  the  said  intestate,  in  a 
due  course  of  aumiui«tralion.     And  for  further  relief,  &c. 

J.  L. 


BILLS  FOR  CREDITORS.  203 

Bill  by  a  Bond  Creditor,  for  payment  out  of  a  Trust 
Estate,  devised  on  Failure  of  personal  Assets,  that 
Deeds,  l^c.    may  be  set  out. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Orator,  A.  B. 
a  creditor  of  the  right  honorable  R.  C.  heretofore  of,  &c.  and  late  Lord 
Chipf  J'i^<ife  of  the  (!'omraon  Pleas  in  ,  on  behalf  of  himself, 

an*'  all  other  the  creditors  of  the  said  R.  C.  who  shall  come  in  and  seek 
relirf  by,  and  contribute  to  the  expense  of  this  suit ;  that  R.  C.  hav- 
ing borrowed  of,  and  being  indebted  unto  Plaintiff  in  the  sum  of  £  , 
he.  tor  securing  the  re-payment  thereof,  with  lawful  interest  for  the  same, 
duly  executed  a  certain  bond  or  obligation  in  writing,  bearing  date,  &c. 
whereby  he  bound  himself,  his  heirs,  executors,  administrators,  and  as- 
signs, in  the  sum  of  ^o  ,  with  a  condition  there  under  written, 
for  makine  the  same  void,  on  payment  by  the  said  R.  C.  his  heirs,  &zc. 
of  the  said  sum  of  £  ,  with  lawful  interest  for  the  same,  at  a  time 
therein  mentioned,  and  long  since  past,  as  in  and  by,  &-c.  And  your, 
fro.  that  the  said  R.  C.  was,  hi  his  life-time,  and  for  some  time  before, 
and  until  the  time  of  his  death,  seised  or  otherwise  well  entitled  in  fee 
simple,  of  or  to  the  manor  or  lordship  of  E.  together  with  divers  mes- 
suages or  tenements,  farms,  lands,  and  hereditaments,  situate  and  being 
within  the  parishes  or  townships  of  E.  A.  and  H. ;  and  also  of  or  to  the 
manors  or  lordships  of  A.  and  W.  and  divers  messuages,  farms,  lands,  tene- 
ments, and  hereditaments,  situate  and  being  in  the  several  townships  of 
A.  VV.  B.  &c.  and  elsewhere,  in  the  county  of  L.  of  a  large  value  in  the 
whole ;  and  also  possessed  of  a  considerable  personal  estate  and  effects. 
And  that  the  said  R.  C.  being  so  seised,  possessed,  or  entitled,  and  being 
of  sound  mind,  memory,  and  understanding,  duly  made  and  published  liis 
last  will  and  testament  in  writing,  bearing  date  on  or  about,  &c.  and 
which  was  executed  by  him,  and  attested  in  such  manner  as  by  law  is  re- 
quired, for  devising  and  passing  real  estates  ;  whereby,  after  declaring  it 
to  be  his  will  and  mind,  that,  &c.  (debts  and  legacies  to  be  first  paid  out 
of  personalty,  and  devised  inter  al.  all  his  manors  of  A.  and  W.  to  his  bro- 
ther E.  C.  for  life,  remainder  to  trustees ;  remainder  to  his  nephew  R.  C. 
for  Hfe  ;  remainder  to  trustees  ;  remainder  to  the  first  and  other  sons  of 
N.  C.  in  strict  settlement;  remainder  to  all  his  nephews  successively,  for 
life,  and  their  issue,  in  tail ;  remainder  to  Testator's  own  right  heirs  for 
ever,  devised  the  manors  of  E.  A.  and  H.  to  his  said  brother  E.  C.  upon 
trust,  to  sell  or  mortgage,  in  aid  of  his  personalty,  surplus  to  be  laid  out 
in  lands,  and  settled  to  same  uses  as  the  manors  of  A.  and  W.  and  ap- 
pointed his  said  brother  E.  C.  and  his  said  nephew  R.  C.  executors  of 
hb  said  will.)     And  your,  &c.  that  the  said  Testator,  by  a  codicil  to  his 


204  BILLS  FOR  CREDlTOllS, 

will,  aniipxed,  bearing  date,  tV'c.  whicli  was  also  cxeculcd  and  attested, 
&c.  after  ret;iting,  &c.  as  in  and  by,  Sec. 

That  the  said  Testator  departed  this  life  on  or  about,  Sec.  without 
revoking  or  altering  his  said  will,  save  by  the  said  codicil,  and  without 
revoking  or  altering  the  said  codicil,  and  without  leaving  any  issue,  and 
leaving  the  said  E.  C.  his  brother,  his  heir  at  law,  and  the  said  R.  C. 
BOW  sir  R.  p.  hart.,  R.  C,  W.  C,  and  I.  C,  him  surviving. 

That  Testator  was,  at  the  time  of  his  death,  indebted  unto  Plaintiff  in 
the  said  principal  sum  of  £  upon  the  aforesaid  security,  and  also  to 
divers  other  persons,  upon  sundry  different  securities,  to  a  large  amount 
in  the  whole. 

I'hat  upon  Testator's  death  E.  C.  and  R.  C.  duly  proved,  Sec,  and 
by  virtue  thereof,  possessed  all  the  personal  estate  and  effects  of  or  be- 
longing to  Testator  at  the  time  of  his  deaUi.  or  so  much  thereof  as  they 
were  able,  to  a  consideraljle  amount  in  the  whole,  and  which,  as  is 
alleged,  were  very  insufficient  for  the  payment  of  Testator's  debts,  and 
all  Testator's  debts  bring  made  a  charge  upon  Testator's  estates  in 
E.,  A.,  and  II.,  and  wliich  were  more  than  sufficient  for  the  payment 
thereof,  and  all  and  most  of  the  said  debts  being  due  and  owing  upon 
securities.  Testator's  Executors  applied  all  or  the  greatest  part  of  Tes- 
tator's personal  estate  and  effects  in  the  payment  of  the  legacies  given  by 
tlie  1  e-lator's  will,  all  of  which  have  been  long  since  paid  and  satisfied. 

1  hat  immediately  upon  or  soon  after  Testator's  death  E.  C.  entered 
upon  and  took  possession  of  all  the  real  estate  whereof  Testator  died 
seised  of.  and  continued  in  possession  and  receipt  of  the  rents  and  profits 
thereof,  until  the  time  of  his  death. 

Tiiat  E.  C.  departed  this  life  on  or  about,  Sec.  leaving  the  said  sir 
R.  C,  bart.,  his  eldest  son  and  heir  at  law,  and  having  first  made  and 
published  his  last  will  and  testament  in  writing,  and  thereby  appointed 
his  sons,  the  said  R.  C.  and  W.  C,  two  of  the  nephews  and  devisees 
named  in  the  will  of  Testator  R.  C,  Executors  thereof.  As  in  and 
by,    ■  V 

That  upon  the  death  of  E.  C,  R.  C.  and  W.  C,  proved,  Sec,  and  by 
virtue  thereof,  possessed  themselves  of  all  the  personal  estate  and  effects, 
whereof  the  said  E.  C.  died  possessed,  to  a  considerable  amount  and  value 
in  the  whole,  and  more  than  sufficirnt  for  the  payment  of  his  debts,  parti- 
cularly to  answer  and  satisfy  so  much  of  the  personal  estate  and  effects  of 
R.  C.  as  was  possessed  by  E.  C.  in  his  life-time,  and  they  have  likewise 
possessed  some  parts  of  the  spci  ific  personal  estate  and  effects  of  or 
belonging  to  the  said   Testator  l\.  C. 

That  upon  the  df^ath  of  E.  C.  sir  R.  C,  by  virtue  of  said  Testator 
R.  r.,  his  unclf,  <  iitfred  u|)on  and  look  possession  of  all  the  said  real 
•estates  so  devised  by  will  of  Testator  R.  C.  aa  aforesaid,  particularly 


BILLS  FOR  CREDITORS.  206 

estates  and  premises  at  E.,  A.,  and  H.  aforesaid,  and  he  ever  since  hath 
been  and  *lill  is  in  possession  or  receipt  of  the  rents  and  profits  thereof. 

That  thp  whole  of  said  principal  sum  of  £  ,  with    an  arrear  of 

interest  for  the  same,  still  remains  due  and  owing  to  Plaintiff  upon  his 
aforesfiid  security,  and  that  divers  other  of  the  debts  due  and  owing  from 
Testator  R.  C,  at  the  time  of  his  death,  still  remain  unpaid. 

That  Plaintiff  hath  at  several  times  applied  to  the  said  R.  C,  W.  C, 
and  U.  C,  to  pay  to  Plaintiff  the  principal  and  interest  due  on  the 
aforesaid  bond,  out  of  the  estate  and  effects  of  said  R.  C,  and  that 
divers  other  applications  have  also  been  made  unto  them  by  the  several 
other  unsatisfied  creditors  of  Testator  for  payment  of  their  several  debts. 
And  Plaintiff  and  such  several  other  creditors  well  hoped.  &c.  But 
now.  &c.  sir  R.  C,  R.  C,  and  W.  C,  the  trustees  and  creditors  of  sir 
R.  C,  and  the  honorable  I.  D.  S.,  commonly  called  lady  I.  D.  S.  com- 
bining, &:c.  absolutely  refuse  so  to  do  ;  and  the  said  R.  C.  pretends,  that 
Plaintiff  did  not  lend  or  advance  to  the  Testator  R.  C.  the  aforesaid  sum 
of  £  ,  or  any  part  thereof,  and  that  he  never  executed  such  bond 

to  Plaintiff,  or  that  the  said  debt,  and  all  interest  due  thereon,  have  been 
long  since  paid  and  satisfied,  and  that  no  money  is  now  owing  to  Plain- 
tiff in  respect  thereof.  Charge  contrary,  and  so  confederate  will  at 
other  times  admit,  but  then  the  said  sir  R.  C,  R.  C.  and  W.  C.  pretend 
that  the  personal  estate  and  effects  of  which  the  said  R.  C,  was  possess- 
ed of  or  entitled  unto,  at  the  time  of  his  death,  were  but  of  inconsiderable 
value  in  the  whole,  and  that  he  was  indebted  to  sundry  persons  to  a  con- 
siderable amount  ;  and  that  all,  or  the  greatest  part  of  his  personal  estate 
and  effects  which  have  been  possessed  by  sir  R.  C.  and  E.  C.  in  his  life- 
time, or  by  the  said  sir  R.  C.  and  W.  C.  since  his  death,  have  been  paid 
and  applied  in  a  due  course  of  administration,  and  that  no  part  of  Tes- 
tator's personal  estate  and  effects  now  remain  in  their  hands  undisposed 
of;  and  the  said  R.  C.  and  W.  C.  pretend  that  the  said  E.  C.  never  de- 
livered in  the  executorship  of  the  said  Testator  R.  C,  and  that  he  never 
possessed  any  part  of  his  personal  estate  or  effects  ;  at  other  times  ad- 
mitting the  contrary  to  be  true,  they  pretend,  that  the  said  E.  C.  was,  at 
the  time  of  his  death,  indebted  to  sundry  persons  in  several  large  sums 
of  money  to  a  considerable  amount  in  the  whole,  and  that  the  personal 
estate  and  effects  of  the  said  E.  C.  were  but  of  inconsiderable  value,  and 
that  the  same  have  been  applied  in  discharge  of  such  debts,  and  that  only 
a  small  part  thereof  remains  undisposed  of  and  not  near  sufficient  to 
answer  Plaintiff's  demands  thereon.  Charge  contrary,  and  Plaintiff  is 
advised  and  humbly  insists,  that  R.  C.  and  W.  C.  ought  either  to  admit 
assets  of  E.  C.  come  to  their  hands  or  use  sufficient  to  answer  Plaintiff's 
demands   thereon,  or  to  account  for  the  personal  estate  and  effects  of 


206  BILLS    FOR    CREDITORS. 

E.  C.  which  have  been  possessed  or  received  by  them,  or  either  «f 
them  ;  and  Plaintiff  is  also  advised  and  humbly  insists,  that  if  the  per- 
sonal estate  and  effects  of  Testator  R.  C,  which  have  been  possessed,  or 
received  by,  or  come  to  the  hands  of  sir  R.  C.  or  E.  C,  in  his  life-time, 
or  of  R,  C.  or  W.   C.  since  his  death,  should  be  found  insufficient  to 
answer  the  aforesaid  debt,  due  and  owing  to  Plaintiff,  and  the  several 
other  debts  due  and  owing  to  the  rest  of  the  unsatisfied  creditors  of  the 
said  Testator  R.  C,  such  deficiency  ought  to  be  made  good  out  of  hrs 
real  estate,  situate  at  E.,  A.,  and  H.,  by  his  said  will  and  codicil  de- 
vised to  be  sold  or  mortgaged  for  payment  of  his  debts,  in  aid  of  his  per- 
sonal estate,  and  that  the  same  ought  to  be  sold  or  mortgaged  for  that 
purpose,  and  that  the  rents  thereof  become  due  since  his  death  ought 
to  be  accounted  for ;  but  then  said  R.  C.  pretends,  that  the  will  and 
codicil  of  the  said  Testator  R.  C.  were  not  executed  and  attested  in  such 
manner  as  by  law  is  required  for  devising  and  passing  real  estate,  and 
that,  therefore,  on  his  death,  all  his  real  estates,  including  his  said  real 
estates  at  E.,  A.,  and  H.,  descended  or  came  to  the  said  E.  C,  the  said 
Testator's  brother,  as  his  heir  at  law  ;  and  that  confederate  sir  R.  C.  is 
the  son   and  heir  at  law  of  said  E.  C,  and  as  such   the  heir  at  law  of 
Testator   R.   C.  his  uncle,  is  now  entitled  thereto.      Charge  the  con- 
trary of  such  pretences  to  be  true,  but  then  confederates  pretend  R.  C, 
W.  C.  and  I.  C,  claim  to  be  successively  entitled,  by  virtue  of  their  said 
late  uncle  the  Testator's  will,  to  such  parts  of  the  said  estate  at  E., 
A.  and  H.,  charged  with  the  payment  of  Testator's  debts  in  aid  of  his 
personal  estate,  as  shall  remain  undisposed  of  for  that  purpose,  as  tenants 
for  life  in  succession,  with  remainder  to  their  first  and  other  sons  suc- 
cessively, in  tail  male,  expectant  on  the  death  of  sir  R.  C.  without  issue 
male,  of  which  neither  the  said  R.  C.  nor  confederates,  his  brothers,  or  any 
of  them,  have  any  at  present ;  and  the  said  trustees  and  creditors  allege, 
that  confederate  sir  R.  C.  hath  by  some  deeds  or  deed  by  him  duly  execu- 
ted, conveyed,  and  assigned  all  his  right,  title,  and  interest  of  and  in  the  said 
estates  and  premises,  situate  at  E.  A,  and  H.,  together  with  other  estates 
therein  mentioned,  so  devised  to  him  by  Testator  R.  C.  as  aforesaid,  unto 
or  in  trust  for  the  benefit  of  them,  or  some  of  them,  and  the  rest  of  the 
said  R.  C.'s  creditors,  but  they  refuse  to  discover  the  nature  or  material 
contents  of  such  conveyance  or  assignment,  or  what  right  or  interest  they 
have  or  claim  to  or  in  the  said  estates  by  virtue  thereof.     And  said  lady 
I.  D.  S.  pretends,  that  she  hath  some  mortgages  or  mortgage,  or  other 
incumbrances  or  incumbrance  upon  or  affecting  said  estates  at  E.,  A., 
and  n.,  aforesaid,  or  some  part  thereof,  but  at  same  time  refuses  to 
discover  the  particulars  of  such  mortgage  or  incumbrance,  or  how  much 
fs  now   due  for  principal,  and  how  much  due  for  interest  thereof;  and 


BILLS    RDR   CREDITORS.  207 

all  Defendants,  except  sir  R.  C,  refuse  to  join  in  any  sale  or  mortgage 
of  said  estate  and  premises  at  E.,  A.,  and  H.,  aforesaid  in  order  to  raise 
money  for  the  payment  of  Testator's  unsatisfied  creditors. 

Pretend,  that  there  are  or  is  some  other  mortgages  or  mortgage,  or 
other  mcumbrance  or  incumbrances,  upon  or  affecting  the  said  estates,  or 
some  part  thereof,  although  they  refuse  to  discover  the  particulars  or  in 
whom  the  same  are  or  is  vested,  and  at  other  times  they,  or  some,  or  one 
oi  them,  claim  some  other  right  or  interest  to  or  in  the  said  estates,  or 
some  part  thereof,  but  at  the  same  time  refuse  to  discover  the  particulars 
thereof,  or  how  or  in  what  manner  they  derive  or  make  out  the  same ;  and 
at  some  times  they  pretend  that  some  other  persons  or  person  have  or 
hath  some  right  or  interest  therein,  or  in  some  part  thereof,  and  they 
having  got  into  their  custody  or  possession  the  title-deeds  and  writings 
relating  thereto,  they  refuse  to  produce  the  same.     All  which,  &c. 

Inquiry. 

'  And  if  the  Defendant  lady  I.  D.  S.  shall  claim  to  have  any  mortgage 
or  security  upon,  or  affecting  the  said  estates,  or  any  part  thereof,  that 
She  may  set  forth  when  and  by  whom,  and  by  what  deeds  or  writings  or 
otherwise,  and  how  and  for  what  consideration,  and  for  what  sums  the 
same  were  or  was  made,  and  what  sum  or  sums  of  money  are  or  is  due 
thereon,  and  how  much  for  principal  and  how  much  for  interest,  &c. 

Prayer. 

That  an  account  may  be  taken  of  the  money  due  and  owing  to  Plain- 
tiff for  prmcipal  and  interest  on  the  said  bond  from  the  said  Tes- 
tator R.  C. ;  and  that  an  account  may  be  also  taken  of  all  other  the 
debts  owing  by  the  said  R.  C,  at  the  time  of  his  death,  and  remain- 
ing unpaid  ;  and  that  all  such  debts  or  sums  of  money  may  be 
paid  out  of  Testator's  personal  estate  and  effects,  in  case  the  same 
shall  be  sufficient  for  the  payment  thereof;  and  if  the  said  sir  R.  C, 
R.  C,  and  W.  C,  shall  not  admit  assets  of  Testator  R.  C.  sufficient 
to  satisfy  such  debts,  that  an  account  may  be  taken  of  the  personal 
estate  and  effects  of  Testator  R.  C,  aiid  of  the  produce,  interest, 
or  income  thereof  which  have  been  possessed  or  received  by,  or  by 
the  order,  or  for  the  use  of  Defendant  sir  R.  C,  and  of  said  E.  C, 
m  his  life-time,  and  since  his  death,  of  Defendants  R.  C.  and  W.  c' 
respectively,  or  any  or  either  of  them ;  and  that  such  personal 
estate  and  effects,  and  the  produce  thereof,  may  be  applied  in  or 
towards  payment  and  satisfaction  of  the  said  debts,  as  far  as  the 
same  wiU  extend  in  a  due  course  of  administration ;  and  in  case 
such  perseaai  estate  aiid  effects  of  Testator  R.  C.  6h<»ald  be  fotmd 


208  BILLS    FOR    CREDITORS. 

insufficient  for  the  purposes  aforesaid,  then  that  sucii  deliclency 
may  be  raised  by  sale  or  mortgage  of  Testator's  estate  jit  K..  A.j 
and  11.,  in  the  said  county  of  L.,  pursuant  to  tlie  directions  of 
his  said  will  and  codicil,  or  a  competent  part  thereof,  and  by  and 
out  of  the  rents  and  profits  thereof  become  due  since  Testator'g 
death  :  and  for  that  purpose  that  the  same  estates,  or  a  competent 
part  thereof,  may  be  sold  or  mortgaged  pursuant  to  his  said  will, 
as  this  honorable  Court  shall  direct,  and  that  all  proper  or  n^ces* 
sary  parties  may  join  in  such  sale  or  mortgage  ,  and  that  the  money 
to  arise  by  such  sale  or  mortgage,  after  payment  thereout  in  the  first 
place  of  the  money  due  and  owing  upon, or  by  virtue  of  anv  mort- 
gages or  mortgage,  or  other  incumbrances  or  incumbrance  alTccting 
the  said  premises,  if  any  such  there  be,  together  with  such  rents  and 
profits,  may  be  applied  in  satisfaction  of  the  remainder  of  Testator's 
debts  remaining  unsatisfied  ;  and  in  order  thereto  that  the  tilli-deeds 
and  writings  relating  to  the  said  real  estates  may  be  proved,  and  for 
the  purposes  aforesaid,  that  the  rents  and  profits  of  the  said  estates 
received  by  the  said  E.  C.  in  his  life-time,  or  by  Defendant  sir  R.  C. 
since  his  death,  may  be  accounted  for ;  and  that  the  money  which 
shall  appear  to  have  been  received  by  the  said  E.  C,  for  or  in  respect 
of  the  said  rents,  may  be  raised  and  paid  out  of  his  said  assets,  re- 
ceived by  the  Defendants  R.  C.  and  W.  C. ;  and  if  said  R.  C.  and 
W.  C.  shall  not  admit  assets  of  said  E.  C.  sufficient  to  answer 
Plaintifl's  aforesaid  demands  thereon,  in  respect  to  the  several 
matters  aforesaid,  that  an  account  may  be  taken  of  the  personal 
estate  and  effects  of  the  said  E.  C,  at  the  time  of  his  death,  which 
have  been  possessed  or  received  by,  or  by  the  order,  or  for  the  use 
of  said  R.  C.  and  W.  C,  or  either  of  them,  and  also  of  his  debts 
and  funeral  expenses.     And  for  further  relief. 

J.  S. 


Bill  by  Trustees,  as  Creditors,  against  Executor  of  Debtor ^ 
who  acted  us  the  Receiver  of  the  Rents  of  Lands  which 
they  held  in  Trust  for  the  Algebra  Lecturer  in  the  Uni- 
versity of  Cambridge. 

Humbly  comijlaining,  &c.  A.  B.  and  C.  D.  &c.  on  behalf  of  your- 
selves, and  all  the  creditors  of  T.  P.  of,  &c.  bi,it  now  deceased,  who 
shall  come  in,  S:v.  that  your  Orators,  being  seised  of,  or  otherwise  en- 
titled to  certain  lands,  tenements,  and  h(.reditaraents,  situate  at,  &c.  in 
trust,  to  pay  the  annual  rents  and  i>rofits  thereof,  as  a  salary  to  the  Algebra 


BILLS    FOR    CREDITORS.  209 

Lecturer  in  the  University  of  Cambridge,  appointed  the  said  T.  P.  to  be 
the  manager  of  the  said  estates,  and  the  receiver  of  the  rents  and  profits 
thereof,  at  a  yearly  salary  of  i,'  .     And,  your,  Sec.  that  the  last  ac- 

count settled  by  the  said  T.  P.  with  your  Orators,  was,  in  respect  of  the 
said  estates,  up  to  and  upon  the  balance  of  such  accounts, 

there  was  due  for  the  said  T.  P.  to  your  Orators,  as  trustees  as  aforesaid, 
the  sum  of  £  .     And  your,  &c.  that  the  said  T.  P.  continued 

to  be  llie  receiver  of  the  rents  and  profits  of  the  said  estates  until  his  death, 
which  happened  about  the  month  of  ,  and  t!ie  said 

T.  P.  not  only  received  the  rents  of  the  said  estate,  which  amounted  to 
the  yearly  sum  of  ^  ,  from  up  to  inclusiv^e,  but 

the  said  T.  P.  also  received  from  the  sale  of  timber,  cut  and  f^^llod  on  the 
said  estates  in  the  month  of  ,  the  sum  o(  £  ,  and  several 

other  sums  of  money  from  other  falls  of  timber  on  the  said  estates,  be- 
tween and  the  time  of  his  death.  And  your,  &c.  that  the 
said  T.  P.  remitted,  in  respect  of  ids  said  receipts,  subsequent  to  , 
several  sums  of  money,  amounting  together  to  £  ,  and  no 
more  ;  so  that  at  the  death  of  the  said  T.  P.  a  very  considerable  balance 
remained  in  his  hands,  in  respect  of  the  rents  and  profits  of  the  said 
estates,  and  the  produce  of  tlio  said  timber.  And  your,  &c.  that  the  said 
T.  P,  duly  made  his  will,  &.x.  [appointed  Defendants  executors,  who  prov- 
ed will,  and  possessed  personals,  &c.]  And  your  Orators  have  repeatedly 
applied,  &c.  and  requested  them  to  come  to  an  account  with  your  Orator 
in  respect  of  the  rents  and  profits  received  by  the  said  T.  P.  from 
and  timber  money  of  the  said  estate;  and  if  the  said  Defendants  shall  not 
admit  assets,  &c.  tiiej)  that  an  account,  &c.  and  to  pay  unto  your  Orators 
what,  upon  such  account,  should  appear  to  be  due  to  them  from  the  estate 
of  the  said  T.  P.  And  your  Orators  well  hoped,  &c.  But  now.  Sec. 
Pretence  personals  insufficient.     Charge  contrary.     All  which,  <S:c. 

Praijer. 

And  that  the  said  Defendants  may  answer  the  premises ;  and  that  an 
account  may  be  taken  of  the  rents  nnd  profits  of  the  said  estates, 
and  of  the  produce  of  titnber  felled  thereon,  which  were  received  bv 
the  said  T.  P.,  or  by  any  pennon  or  persons  by  his  order  or  for  his 
use,  subsequent  to  ;  and  also  an  account  of  the  pay- 

ments and  disbursements  of  the  said  T.  P.  as  the  receiver  and  ma- 
nager of  the  said  estatps,  subsequent  to  the  time  aforesaid  ;  and  that 
an  account  may  also  be  taken  of  the  personal  estate  and  efl^ects  of 
the  said  T.  P.  received  by  the  said  Delendants,  or  either  of  them, 
or  by  any  other  person  or  persons,  by  their  or  eitiier  of  their  order, 
r)r  for  their,  or  either  of  their  use.     And  also  an  a<'rount  of  the 

28 


210  BILLS  1  dll  CREDITORS. 

funeral  expenses  and  debts  of  the  said  Testator  ;  and  tliat  your  Ora- 
tors may  be  paid  what  shall  appear  to  be  due  to  them  as  such  trus- 
tees as  aforesaid,  out  of  the  personal  estate  of  the  said  T.  P.  in  a 
due  course  of  administration.     And  for  further  relief,  &c. 

J.  L. 


Bill   by    Creditors    against    Executors,   for   Payment    of 
Debts  due  by  Testator,  or  an  Account  of  Personals. 

Humbly  complaining,  Sec.  your  Orators,  W.  B.  of  and  C.  D. 

of  creditors  by  simple  contract,  of  J.  F.  late  of  ,  on 

behalf  of  themselves,  and  all  other  the  creditors  of  the  said  J.  F,  who 
shall  come  in  and  seek  relief  by  and  contribute  to  the  expense  of  this 
suit,  that  the  said  J.  F.  at  the  time  of  his  death,  was  justly  and  truly 
indebted  unto  your  Orator,  W.  B,  in  the  sum  of  £  ,  and  upwards, 

for  goods  sold  and  delivered,  and  monies  paid,  laid  out,  and  expended, 
to  and  for  the  use  of  the  said  J.  F.  and  that  the  said  J.  F.  was  also  justly 
and  truly  indebted  unto  your  Orator,  C.  D.  in  the  sum  of  c£  ,  and 

upwards,  for,  &c.  And  your,  &c.  that  the  said  J.  F.  in  his  hfe-time, 
and  at  the  time  of  his  death,  was  possessed  of,  or  well  entitled  unto  a  con- 
siderable personal  estate,  and  being  so  possessed,  departed  this  life  on  or 
about  the,  &:c.  having  first  duly  made  and  published  his  lust  will,  bearing 
date,  &c.  and  thereby  appointed  J.  M.  and  C.  S.  the  Defendants,  here- 
after named,  the  executors  thereof,  as  in  and  by,  6cc.  And  your,  &c.  that 
the  said  J.  M.  and  J.  S.  duly  proved  the  said  will  in  the  proper  Ecclesi- 
astical Court,  and  undertook  the  executorship  thereof,  and  possessed 
themselves  of  personal  estate  and  effects  of  the  said  Testator  to  a  very  con- 
siderable amount,  and  more  than  sufficient  to  satisfy  his  just  debts  and 
funeral  expenses.  And  your,  cVc.  that  the  said  J.  M.  and  C.  S.  hav- 
ing possessed  themselves  of  the  said  Testator's  personal  estate  and  effects 
as  aforesaid,  your  Orators  have  made,  and  caused  to  be  made,  several 
applications  to  the  said  J.  lAl.  and  C.  S.  and  lequesled  iheni  to  pay 
and  satisfy  unto  your  Orators  their  said  respective  demands,  with  which, 
&c.  But  now,  &c.  pretend,  that  the  said  Testator's  personal  estate 
was  small  and  inconsiderable,  and  hath  already  been  exhausted  in  the 
payment  of  his  funeral  expenses  and  just  debts.  Charge,  that  the  said 
Testator's  personal  estate  and  effects  were  more  than  sufficient  to  dis- 
charge all  his  just  debts  and  funeral  expenses ;  and  so  it  would  appear 
if  the  said  Defendants  would  set  forth  a  full,  true,  and  particular  account 
of  all  and  every  the  personal  estate  and  effects  of  the  said  Testator,  come 
to  their,  or  either  of  their,  hands  or  use,  and  also  a  full,  true,  and  particu- 


BILLS  FOR  CREDITORS.  211 

lar  account  of  the  manner  in  which  they  have  disposed  of  or  applied  the 
same,  but  which  they,  the  said  Defendants,  rcfu.se  to  do.  All  which, 
&c.     To  the  end,  <S:c.  ' 

Prayer. 

And  that  an  account  may  be  taken  of  the  monies  due  to  your  Orators, 
in  respect  of  their  several  demands,  and  of  other  the  debts  owing  by 
the  said  J.  F.  at  the  time  of  his  death  ;  ami  that  if  the  said  Defen- 
dants shall  not  admit  assets  of  the  said  Testator,  then  that  an  ac- 
count may  also  be  taken  of  the  personal  estate  and  effects  of  the 
said  Testator,  possessed  or  received  by,  or  by  the  order,  or  for  the 
use  of  the  said  Defendants,  or  either  of  them  ;  and  that  sucii  per- 
sonal estate  may  be  applied  in  a  due  course  of  administration.  And 
for  further  relief,  &c. 

J.  L, 
Fray  Suhpcena  against  J.  M.  and  C.  S. 


Bill  by  Trustees,  under  an  Assignment  for  Creditors^  far 
a  Discovery  to  go  to  Trial,  Defendant  having  pleaded 
Set-off,  and  introduced  Items  which  ought  not  to  he 
charged  against  them  as  Trustees. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators,  P.  N, 
of,  &c.  J.  A.  of,  &c.  and  J.  R.  of,  &c.  that  by  indenture  of  assignment, 
bearing  dale,  &c.  and  made  between  J.  G.  and  J.  W.  therein  described, 
of,  &c.  of  the  first  part,  the  several  persons  who  had  thereunto  set  tli£ir 
hands,  and  affixed  their  seals,  creditors  of  the  said  J.  G,  and  J.  W. 
as  copartners  as  aforesaid,  or  of  the  said  J.  G.  on  his  own  separate  ac- 
count, of  the  second  part,  and  your  Orators,  of  the  third  part ;  tliey,  the 
said  J.  G.  and  J.  W.  amongst  other  things,  bargained,  &c.  (set  out 
that  part  which  sheios  their  title,  and  particularly  the  clause  which  gives 
them  power  to  sue.)  As  in  and  by,  &c.  And  your,  &c,  that  at  the  time 
of  the  execution  of  the  said  indenture,  there  was  justly  due  and  owing  to 
the  said  J.  G.  and  J.  W.  on  their  partnership  account,  from  II.  K.  of, 
&c.  the  Defendant  hereinafter  named,  the  sum  of  £  ,  being  the 

balance  of  an  account  between  the  said  J.  G.  and  J.  W.  the  particulars 
whereof  are  set  forth  in  the  schedule  hereto.  And  your  Orators  shew, 
that  they  have  repeatedly  applied  to  the  said  R.  K.  to  pay  to  tliem  as 
such  trustees  as  aforesaid,  the  said  sum  of  £  ,  with  which  just 

and  reasonable  requests  your  Orators  well  hoped  the  said  Defendant 
would  have  complied,  as  in  justice  and  equity  he  ought  to  have  done.  Bui 


212  BILLS  FOR  CREDITORS. 

now  so  it  is,  frc.  hath  absolutely  refused  so  to  do  ;  and  your  Orators  have 
therefore  been  compelled  to  commence  an  action  in  the  names  of  the 
said  J.  G.  and  J.  W.  against  the  said  Defendant,  to  compel  the  payment 
of  the  said  balance;  and  your  Orators  charge,  that  the  said  Defendant 
hath  pleaded  a  set-oft"  in  the  said  action,  and  liath  delivered  a  particular  of 
such  set-oft',  which,  as  far  as  it  extends  to  the  date  of  the  said  assignment 
to  your  Orators,  corresponds,  in  substance,  with  the  creditor  side  of  the 
account,  set  forth  in  the  said  schedule  hereto.  Ihit  tlic  said  Defendant 
hath  added  thereto  three  articles  for  copper  delivered  in  the  year  , 

for  wliicli  he  claims  credit  in  the  said  action.  Whereas  your  Orators 
charge,  that  the  said  Defendant,  at  or  about  tlic  time  of  making  the  said 
assignment  to  vour  Orators,  was  apprized  tliereof,  or  had  some  reason  to 
know,  believe,  or  suspect,  and  did  knov,',  believe,  or  suspect,  that  the  said 
J.  G.  and  .1  W.  had  made  such  assignment,  or  some  assignment  of  their 
copartnership  property  to  your  Orators,  or  to  some  trustees  for  the  benefit 
of  their  creditors.  And  your  Orators  charge,  that  the  said  copper  was 
delivered  at  the  ,  which  had  belonged  to  the  said  J.  G. 

and  J.  W.  and  had  been  comprised  in  the  said  assignment  to  your  Orators, 
and  had  been  afterwards  sold  by  your  Orators  to  the  said  J.  G.  And  the 
said  J.  G.  applied  to  the  said  Defendant  to  purchase  the  said  copper  on 
his  the  said  Defendant's  credit,  or  to  guarantee  the  payment  for  the  said 
copper  to  the  person  from  whom  it  was  bought,  by  i-eason  that  the  cir- 
cumstance of  the  assignment  to  your  Orators  being  known,  the  said  J.  G. 
could  not  obtain  credit  for  the  said  copper,  in  his  own  name  alone  ;  and 
the  said  Defendant,  for  that  reason,  lent  his  credit  to  the  said  J.  G.  for 
the  purchase  of  the  said  copper,  or  guaranteed  the  payment  thereof,  trust- 
ing to  the  personal  responsibility  of  the  said  .J.  G.  And  your  Orators 
further  charge,  that  the  said  Defendant  hath  also  added  to  his  said  parti- 
cular of  set-oft"  a  sum  of  £  for  a  year  and  a  half's  wages  for  one 
J.  B.  C. ;  whereas  your  Orators  charge,  that  the  said  Defendant  hath 
no  just  right  to  any  such  demand  against  your  Orators,  as  Trustees  under 
the  said  assignment.  And  the  said  Defendant  refuses  to  set  forth  how 
he  makes  out  such  his  claim,  and  when,  and  u|)  to  what  time  he  computes 
the  said  wages.  And  your  Orators  charge,  that  they  are  advised  that  they 
cannot  safely  proceed  in  the  said  action,  so  commenced  by  them  as  afore- 
said, in  the  names  of  the  said  J.  G.  and  J.  W.  without  a  discovery  of  the 
circumstances  hereinbefore  stated,  from  the  said  Defendant;  to  the  end. 
therefore,  that  the  said  il.  K.  may,  according  to  the  best  and  utmost  ol 
his  knowledge  and  remembrance,  inl"ormation  and  belief,  full,  ti'ue,  and 
perfect  answer  make  to  all  and  singular  the  matt^^rs  aforesaid,  as  fully 
and  particularly  as  if  the  same  were  here  repeated,  &:c.,  and  more  espe- 
cially that  he  may  answer  and  set  forth  whether  such  indenture  as  herein 
before  mentioned  to  bear  date  the         day  of  ,  was  not  msxde 


BILLS  FOR  CREDITORS.  213 

between  such  parties,  and  to  such  purport  and  effect  as  hereinbefore  set 
forth,  so  far  as  the  same  is  herein  set  forth,  or  of  some  other,  and  what 
date,  between  some  other  parties,  and  whom,  to  such  or  the  hke,  or  some 
other,  and  what  purport  and  effect,  and  whether,  at  the  time  of  the  execu- 
tion of  the  said  indenture,  there  was  not  justly  due  and  owing  to  the  said 
J.  G.  and  J  W.  on  their  partnership  accounts,  from  the  said  Defendant, 
the  sum  of  £  ,  or  some  other,  and  what  sum,  and  whether  the 

said  schedule  hereto  doth  not  contain   a  just  and  true  statement  of  the 
account  between  the  said  Defendant  and  the  said  J.  G.  and  J.  W.  at  the 
time  of  the  said  assignment.     And  if  the  said  Defendant  shall  pretend 
that  the  said  schedule  hereto  doth  not  contain  a  just  and  true  statement  of 
the  account  between  the  said  Defendant  and  the  said  J.  G.  and  J.  W. 
at  the  time  of  the  said  assignment  to  your  Orators,  then  that  the  said  De- 
fendant may  set  forth,  in  which  of  the  said  items,  the  same  is  not  correct, 
and  to  what  amount  in  eacii  item,  and  all  and  every  the  particulars  by 
which  he  makes  out  the  same  ;  and  whether  your  Orators  have  not  made 
to  the  said  R.  K.  such  applications  as  herein  before  mentioned,  or  some 
other,  and  what  applications,  to  such   or  the  like,  or  some  other,  and 
what  effect ;  and  whether  the  said  Defendant  hath  not  refused  to  comply 
therewith,  and  why,  and  for  what  reason  ;  and  whether  your  Orators  have 
not  commenced   an   action  in  the  names  of  the  said  J.  G.  and  J.  W. 
against  the  said  Defendant,  to  compel  the  payment  of  the  said  balance, 
or  how  otherwise  ;  and  whether  the  said  Defendant  hath  not  pleaded  a  set- 
off in  the  said  action,  and  whether  he  hath  not  delivered  a  particular  of 
such  set-off,  and  whether,  as  far  as  it  extends  to  the  date  of  the  said  as- 
signment to  your  Orators,  it  does  not  correspond,  in  substance,  with  the 
credit  side  of  the  account,  set  forth  in  the  said  schedule,  or  in  what  par- 
ticulars does  the  same  differ  therefrom  ;  and  whether  the  said  Defendant 
hath  not  added  thereto  three  articles  for  copper  delivered  in  the  year         , 
and  whether  he  does  not  claim  credit  for  the  same  in  the  said  action,  or 
how  otherwise  ;  and  whether  the  said  Defendant,  at  or  about  the  time  of 
making  the  said  assignment  to  your  Orators,  or  at  some  other  time,  and 
when  first,  was  not  apprized  thereof,  and  whether  the  said  Defendant  had 
not,  and  when  first,  some  and  what  reason  to  know,  believe,  or  suspect, 
and  whether  he  did  not,  and  when  first  know,  believe,  or  suspect,  that  the 
said  J.  G.  and  J.  W.  had  made  such  assignment,  or  some  other,  and  what 
assignment  of  their  copartnership  property,  or  some  and  what  part  thereof 
to  your  Orators,  or  to  some  persons  for  the  benefit  of  their  creditors,  or 
for  some  other  and  what  purpose ;  and  whether  the  said  copper  was  not 
delivered  at  the  royal  manufactory,  or  where  else  was  it  delivered ;    and 
whether  the  said  manufactory  had  not  belonged  to  the  said  J.  G.  and  J.  W.; 
and  whether  it  had  not  been  comprised  in  the  said  assignment  to  your 
Orators  ;  and  whether  it  had  not  afterwards  been  sold  by  your  Orators  to 


2l4  '  BILLS   FOR  CREDITORS. 

the  said  J.  G.  or  to  whom  else;  and  whether  the  said  J.  G.  oi*  somi^ 
other  person,  and  whom,  did  not  make  some,  and  what  application  to  the 
said  Defendant,  to  purchase  the  said  copper,  on  his,  the  said  Defendant's 
credit,  or  to  guarantee  the  payment  of  the  said  copper  to  the  person  from 
whom  it  was  bought,  or  some  other,  and  what  application  in  regard  there- 
to, to  such,  or  the  like,  or  some  other,  and  what  effect ;  and  whether,  by 
the  reason,  that  the  circumstance  of  the  assignment  to  your  Orators,  was 
known,  or  for  some  other,  and  what  reason,  the  said  J.  G.  was  not  unable 
to  obtain  credit  for  the  said  copper  in  his  own  name  alone,  or  how  other- 
wise ;  and  whether  the  said  Defendant  for  that  reason,  or  some  other, 
suid  what  reason,  did  not  lend  his  credit  to  the  said  J.  G.  or  some  other 
person,  and  whom,  for  the  purchase  of  the  said  copper,  or  did  not  gua- 
rantee the  payment  thereof;  and  whether  he  did  not  trust  to  the  personal 
responsibility  of  the  said  J.  G.  or  how  otherwise ;  and  whether  the  said 
Defendant,  or  some  other  person,  and  whom,  hath  not  added  to  his  said 
particular  of  set-off,  a  sum  of  =£  ,  or  some  other  and  what  sum, 

for  a  year  and  a  half's  wages,  for  J-  B.  C. ;  and  whether  the  said  !  defen- 
dant hath  any,  and  what  right,  to  any  such  demand  against  your  Orators, 
as  Trustees  under  the  said  assignment. 

Prayer, 

And  that  the  said  Defendant  may  set  forth  how  he  makes  out  such 
his  said  claim,  and  when,  and  up  to  what  time  he  computes  the 
said  wages,  and  whether  your  Orators  can  safely  proceed  in  the  said 
action  so  commenced  by  them  as  aforesaid,  in  the  names  of  the  said 
J.  G.  and  J.  W.  without  a  discovery  of  the  circumstantes  herein 
before  stated,  from  the  said  Defendant.  And  that  the  said  DefeR- 
dant  may  make  a  full  and  true  discovery  of  all  and  every  the  mat- 
ters aforesaid.     May  it  please,  &c. 

Pray  Subpoena  against  K.  K.  J.  L. 


Bill  to  oblige  a  Creditor  to  accept  a  Dividend  made  under 
a  Deed  of  Trust,  in  satisfaction  of  his  original  Demand, 
Defendant  having  signed  Articles,  though  not  the  Deed 
of  Trust,  refusing  to  sign  the  Deed,  under  Pretence  of 
some  Variation  of  the  Trust,  and  that  before  he  had 
signed  the  Articles,  he  had  signed  over  the  Debt  to  his 
Father,  for  the  Benefit  of  all  his  Creditors. 

States,  that  Plaintiffs,  for  some  tune  before  and  in  the  year,      carried  on 
tjie  business  of  merchants  and  copartners  in  trade,  in  partnership  together. 


BILLS    FOR    CREDITORS.  216 

in  the  town  of  aforesaid.     And  Plaintiffs  having  sustained  divers 

losses  and  misfortunes  in  tiie  course  of  such  their  business,  and  being  in- 
debted to  divers  persons  in  a  large  amount,  and  being  incapable  of 
discharging  the  debts  owing  to  them,  it  was  resolved,  that  a  general 
meeting  of  the  principal  creditors  residing  jn  the  said  county  of  , 

should  be  held,  for  the  purpose  of  taking  into  consideration  the  state  of 
Plaintiffs'  affairs,  and  for  forming  a  plan,  to  be  pursued  for  the  adjust- 
ment and  settlement  thereof ;  and  such  meeting  was  accordingly  held  on 
or  about,  &'c.  and  the  greatest  part  of  the  creditors  of  Plaintiffs  attended 
thereat  and  particularly  W.  H.  of  aforesaid,  who  was  then  a  creditor 
of  Plaintiffs  for  the  sum  of  £  or  thereabouts.  And  Plaintiffs  also 
attended  at  that  meeting,  ami  Plaintiffs  having  then  laid  before  their 
creditors  then  present,  a  general  statement  and  account  of  their  affairs, 
it  was,  at  such  meeting  unanimously  resolved  and  agreed,  by  and 
between  Plaintiffs  and  such  their  creditors,  that  Plaintiffs  R.  H.,  &t. 
should  be  appointed  superintendants  and  inspectors,  and  have  a  discre- 
tionary power  and  control  over  the  commerce,  stock  in  trade,  merchan- 
dize, and  effects  of  Plaintiffs  W.  and  J.  W.  until  such  time  as  their 
business  and  concerns  in  trade  could  be  finally  adjusted  and  settled,  upon 
the  terms  and  subject  to  the  conditions,  restrictions  and  agreements^ 
hereinafter  mentioned.  And  in  regard,  Plaintiffs  were  indebted  to  T.  S. 
of  ,  in  the  sum  of  =£■  ,  for  which  they  have  accepted  bills 

to  that  amount,  drawn  by  him  on  them.  And  that  they  had,  independent 
■flofsuch  debt,  and  without  any  consideration,  also  accepted  various  bills 
of  exchange  drawn  by  him  on  Plaintiffs,  in  favor  ,of  different  persons, 
to  the  amount  of  £  which  then  remained  unpaid.     It  was  also 

resolved  and  agreed  that  the  said  T.  S.  should  exonerate  and  discharge 
Plaintiffs  and  their  estate  and  effects  from  the  said  accepted  bills,  and 
should  procure,  produce,  and  deliver  up  all  the  said  accepted  bills  to  the 
said  inspectors  or  some  of  them,  in  order  to  be  cancelled  or  destroyed,  or 
otherwise  made  void.  And  that  in  consideration  whereof,  and  not  other- 
wise, the  said  T.  S.  should  have  and  be  entitled  to  receive,  out  of  the  effects 
of  Plaintiffs,  a  dividend  after  the  rate  of  in  the  pound,  in  respect 

to  his  said  debt,  so  soon  as  the  produce  of  the  effects  of  Plaintiffs  would, 
extend  to  pay  such  dividend ;  and  also  a  dividend  after  the  rate  of  in 
the  pound,  to  the  other  creditors  of  the  Plaintiffs.  And  it  was  also  re^ 
solved  and  agreed,  that  the  said  T.  S.  should  after  such  dividend  made, 
be  entitled  to  receive  in  the  proportion  of  ia  the  pound,  upon  his  said 
debt  of  <£  with  the  other  creditors,  in  the  pound,  upon  their 

respective  debts,  until  the  said  £  should  be  entirely  paid  off.     But 

that  if  the  money  arising  from  the  said  estate  and  effects  should  fall  short 
of  paying  the  whole  demand  of  said  T.  S.  and  said  other  creditors.  tl\gp, 


1^16  BILLS    FOR    CREDITORS. 

and  in  such  case,  the  monies  arising  from  the  said  estate  and  eflecls, 
should  be  paid  accordiflg  to  the  proportions  aforesaid. 

That  on  or  about,  &c.  articles  of  agreement  in  writing,  bearing  date, 
&c.  arid  made  between,  &c.  were  prepared  to  the  following  purport  and 
effect,  after  reciting  the  several  resolutions  and  agreements  hereinbefore 
set  forth,  it  was  thereby  expressly  agreed,  that  Plaintiffs,  and  several 
other  persons,  whose  names  and  seals  were  thereunto  subscribed,  did 
thereby  promise,  undertake,  and  agree,  to  and  with  each  other,  to  do  any 
other  lawful  act  whatever  for  ratifying,  confirming,  and  establishing  the 
aforesaid  agreement,  terms  and  proposals. 

That  Plaintiffs  and  most  of  the  creditors  of  the  said  Plaintiffs  W.  and 
J.  W.  and  particularly  said  VV.  H.  on  or  soon  after  the  said  day 

of  ,  signed  such  agreement. 

That  Plaintiffs  VV,  and  J.  W.  being  at  the  time  of  signing  said  articles 
of  agreement,  liable  by  their  acceptance  of  such  bills  of  exchange  drawn 
on  them,  by  said  S.  as  aforesaid,  and  which  bills  to  the  amount  of 
£  had  been  so  accepted  for  valuable  considerations,  as  Plaintiffs 

were  then  indebted  to  said  S.  to  that  amount,  btit  the  rest  of  such  bills 
were  so  accepted  without  consideration,  and  only  for  the  honor  of  said  S. 
and  all  which  said  bills,  as  well  as  those  accepted  for  honor,  as  those  ac- 
cepted for  valuable  considerations,  said  S.  H.  had  negociated  and  indorsed 
for  valuable  considerations,  and  were  then  in  the  hands  of  divers  persons 
residing  in  L.  and  B.,  a  meeting  was  in  the  month  of  called 

and  had  in  L.  of  the  holders  of  such  bills  or  their  agents,  in  order  te 
settle  and  compound  the  same  demand  on  the  estate  of  W.  and  J.  W. 
and  their  other  creditors  by  virtue  thereof,  in  the  best  manner,  for  the 
benefit  of  the  estate  of  W.  and  J.  W. 

That  Plaintiffs  W.'s,  &c.  by  desire  of  said  inspectors,  attended  such 
meeting  and  it  was  thereupon  proposed  and  agreed,  that  said  bill-holders 
who  in  person,  or  by  their  agents  attending  said  meeting,  should  be  paid 
after  the  rate  of  in  the  pound  on  the  sums  made  payable  on  their  re- 
spective bills,  and  that  such  composition  should  be  paid  by  instalments, 
that  is,  and  in  the  pound,  on,  &c.  the  further  sura  of  and 

in  the  pound  on  ^  ,  and  the  remaining  and  on 

£  ,  and  that  Plaintiffs  R.  H.,  &rc.  should  enter  into  a  joint  and 

several  covenant  together  with  Plaintiffs  W.,  &c.  to  them,  said  bill-holders 
for  the  due  payment  thereof  in  L.,  and  that  such  composition  of  , 

in  the  pound,  to  be  so  paid,  should  be  in  full  discharge  of  Plaintiffs 
W.  and  J.  W.  from  all  demands  on  them  or  their  estate,  under  or  by  virtue 
of  such  bills  of  exchange. 

That  all  money  made  payable  by  the  bills  of  exchange  aforesaid, 
nhich  were,  at  the  time  of  said  last  mentioned  meeting,  in  the  hands  of 


BILLS  FOR  CREDITORS.  217 

"^cisons,  who  by  themselves,  or  their  agents,  attended  such  meeting, 
amounted  in  the  whole,  to  the  sura  of  £  and  no  more,  the  rest  of 

such  bills  having  been  taken  up  or  discharged  by,  or  by  the  procurement 
of  said  S.     And  as  the  composition,  after  the  rate  of  in  the  pound 

on  such  sum  of  £  ,  would  amount  to  £  ,  which  would 

exceed  the  sum  of  £  ,  which  was  the  whole  amount  of  the  said  bills 

for  acceptance,  whereof  Plainliifs  W.,  &c.  have  valuable  considerations 
as  aforesaid,  by  the  sum  of  ^  ,  the  said  T.  S.  agreed,  that  Plaintiffs, 
•W.,  &c.  or  their  assignees,  should  be  creditors  on  him,  said  S.  for  such 
overplus  of  £  ,  and  which  agreement  appeared  clearly  to  be  for 

the  mutual  advantage  of  themselves,  and  the  rest  of  the  creditors  of 
Plaintiffs,  &c.  wherefore  they  consented  thereto,  and  to  become  security 
for  the  payment  of  the  said  composition,  after  tlie  rate  of  in  the 

pound  to  the  said  bill-holders. 

That  in  consequence  of  such  agreement  by  indenture  of  four  parts, 
bearing  date,  &c.  made,  &c.  [recite  indenture.^ 

That  Plaintiffs,  by  several  undertakings  in  writing,  dated,  »5jc.  did 
jointly  and  severally  promise  to  pay  to  said  several  bill-holders,  or  order, 
in  L.  in  the  pound  on  said  bills  at  the  days  and  times  aforesaid,  and 

in  order  to  indemnify  Plaintiffs  against  all  costs  and  charges  on  account 
of  the  said  indenture  of  covenants  and  undertakings,  or  any  of  them,  and 
for  raising  a  fund  and  enabling  them  to  discharge  the  said  in  the 

pound,  to  the  said  several  bill-holders,  pursuant  to  the  said  deeds  and 
covenants,  as  also  for  the  better  collecting  and  getting  in  of  the  said 
debts  and  effects  of  Plaintifls  W.  for  the  purpose  of  discharging  all  the 
debts  owing  by  them. 

That  said  Plaintifls  W.  agreed  to  make  a  general  assignment  of  all 
the  partnership  debts  and  effects,  and  Plaintiffs  W.  being  seised  in  fee  of  a 
warehouse  or  building,  situate,  &;c.  Plaintiffs  W.  agreed  to  convey  and 
assign  said  freehold  premises,  for  the  purpose  of  discharging  his  own  debts, 
and  the  debts  of  the  said  copartnership.  And  thereupon,  by  indenture 
tripartite,  bearing  date,  &c.  and  made,  &c.  after  reciting  the  several 
matters  aforesaid,  or  generally  to  the  effect  hereinbefore  set  forth.  It 
was  witnessed.  Sec. 

That  Plaintiffs  took  upon  themselves  the  management  of  the  said 
estate  and  effects  of-Plaintlffs  W.  and  the  execution  of  the  trusts,  declared 
by  the  aforesaid  indentures,  and  sold  and  disposed  of,  and  converted  into 
money,  all  such  particulars  of  such  estate  and  effects  as  they  have  been 
able  to  possess,  collect,  and  get  in,  and  have  out  of  the  said  money  which 
have  been  raised  therel)y,  paid  unto  all  the  holders  of  said  bills  of  exchange 
in  the  pound,  in  full  of  the  money  which  they  were  respectively 
e«titled  to  i-eceive  from  said  Plaintiffs  W.  by  virtue  of  such  bills.  And 
Plaintiffs  have  also  paid  a  like  dividend  of       in  the  pound,  to  almost  aH 

Q9 


2l8  BILLS    FOR    CREDITORS. 

the  other  creditors  of  Plaintiffs  W.  which  still  remain  to  be  got  in,  and  when 
got  in,  as  a  further  dividend,  will  be  paid  to  each  of  such  last  mentioned 
creditors.  And  Plaintiffs  hoped,  that  all  the  creditors  of  W.  who  executed 
the  aforesaid  articles  and  indenture,  dated,  «S:c.  or  either  of  such  instru- 
ments would  have  accepted  such  dividend  of  in  the  pound,  and  such 
future  dividend  as  the  estate  and  effects  of  Plaintiffs  \V.  as  shall  extend 
to  make  in  full  of  the  debts  owing  from  said  Plaintiffs  to  them  respec- 
tively, and  that  none  of  such  creditors  would  in  any  wise  have  molested 
Plainlitls  W.  or  either  of  them,  in  respect  of  aoy  debt  owing  from  Plain- 
tilTs  to  any  of  such   creditors. 

That  the  before-mentioned  W.  II.  who  on  sard  day  of  , 

was  a  creditor  of  said  Plaintiffs  W.  for  the  sura  of  £  aforesaid,  and 

who  signed  the  aforesaid  articles  of  that  date  as  hereinbefore  is  mentioned, 
executed,  as  it  is  alleged,  an  assignment  of  all  his  estate  and  effects  unto 
his  father  R.  H.  upon  trust,  to  dispose  of  the  same  in  payment  of  the 
debts  of  him,  the  said  W.  H.  And  said  R.  H.  departed  this  life  in  the 
month  of  ,  having  first  duly  made  his  last  will  in  writing,  and 

thereby  appointed  his  brothers  G.  H.  and  C.  H.  both  of  ,  afore- 

said, merchants,  and  D.  F.  of,  &c.  merchant,  executors  of  his  said  will, 
proved  the  same,  and  by  virtue  thereof,  claim  title  to  such  debt. 

That  Plaintiffs  at  several  times,  tendered  and  offered  to  pay  to  them 
the  sum  of  =£  ,  being  a  dividend  of  in  the  pound,  on  the 

aforesaid  debt  from  Plaintifis  W.  to  the  said  W.  H.  and  being  the 
same  dividend  as  was  paid  to  the  rest  of  the  creditors  of  said  W.  and 
J.  W. 

And  Plaintiffs  well  hoped,  that  the  executors  of  said  R.  II.  would  have 
accepted  such  dividend,  and  that  neither  they,  nor  said  W.  H.  would,  in 
any  wise  have  molested  Plaintiffs  W.  or  cither  of  them,  in  relation  to  the 
debts  so  owing  from  said  Plaintiffs  to  said  W.  II,  as  aforesaid. 

But  now,  so  it  is,  &;c.  Pretend,  that  said  W.  H,  did  not  execute  such 
articles  and  indenture,  dated,  &c.  a«  aforesaid,  or  either  of  such  instru- 
ments, nor  did,  in  or  by  any  other  dead  or  instrument,  or  in  any  other 
manner  agree  to  accept  of  any  dividend  or  composition  in  lieu  or  satis- 
faction of  the  debt  owing  to  them  from  Plaintiffs  W.,  and  therefore  he 
refuses  to  accept  such  dividend  or  composition,  and  insists  on  being  paid 
the  whole  of  the  debt  originally  owing  from  Plaintiffs' W.  to  him,  the  said 
W,  H. 

Charge,  that  W.  II.  did  execute  the  aforesaid  articles,  dated,  &c.  and 
although  he  did  not,  at  any  time  execute  the  said  indenture,  dated,  &c. 
yet,  his  not  having  executed  the  same,  was  casual  and  accidental,  and  he 
neither  refused  to  execute  such  indenture,  and  would  have  executed  the 
same,  at  any  time  within  a  long  time  after  the  date  thereof,  if  application 
had  been  made  to  him  for  such  purpose.     And  the  said  indenture  was  in 


BILLS  POR  CREDITORS.  219 

all  things  substantially  conformable  to  said  articles  of  agreement.  And, 
although  the  terms  in  said  indenture  may  be  said  in  form  to  differ  from 
the  said  articles,  inasmuch  as  by  the  said  indenture,  provision  was  made 
for  payment  of  in   the   pound   to  said   bill-holders,   before 

payment  of  any  money  to  the  other  creditors  of  W.  whereas,  by  the 
terms  of  the  said  articles,  the  said  bill-holders  were  not  to  receive  such 
dividend  of  in  the  pound,  until  such  time  as  such  other  creditors 

could  have  received  a  dividend  of  in  the  pound. 

That  such  variation  was  in  substance  rather  advantageous  than  preju: 
dicial  to  the  general  creditors  of  W.  as  their  estate  hath  extended  to 
^ay  so  much  as  in  the  pound  to  their  general  creditors  as  well  as 

to  said  bill-holders.  And  Plaintiffs  insist,  that  all  the  said  Defendants 
now  are  effectually  bound  by  said  articles  of  agreement.  But  then  De- 
fendants at  some  times  allege  that  the  aforesaid  assignment  from  said 
W.  H.  of  his  said  debt,  unto  his  said  late  father,  was  made  before  the 
aforesaid  day  of 

Charge,  that  in  such  case,  said  W.  H.  had  full  authority  from  his  said 
father,  to  execute  or  assign  the  said  articles  of  agreement,  and  all  the 
trusts  of  the  said  assignment  from  said  W.  H.  otherwise  than  for  him- 
self, have  been  fully  performed,  and  he  is  alone  interested  in  the  said 
debt.  But  nevertheless  under  such  and  the  like  pretences  as  aforesaid,  or 
some  others  equally  unjust  and  unreasonable,  all  said  Defendants  refuse 
to  accept  such  dividend  or  composition  and  they,  or  some,  or  one  of 
them,  particularly  said  W.  H.  in  or  about  last  Trinity  term,  caused 
Plaintiffs  W.  to  be  arrested  and  held  to  bail  in  an  action  at  law,  in  his 
Majesty's  Court  of  K.  B,,  in  the  name  of  said  \¥.  B.  for  the  recovery  of 
said  debt,  and  have  obtained  judgment  in  such  action. 

Prayen 

That  Defendants  may  be  decreed  to  accept  the  sum  of  £ 

and  such  other  dividend  as  the  estate  and  effects  of  Plaintiffs  W. 
shall  extend  to  pay,  in  full  discharge  of  the  debt  due  from  Plaintiffs 
W.  to  him  said  W.  H.  Plaintiffs  hereby  offering  to  pay  such 
money  to  such  of  said  Defendants  as  shall  appear  to  be  entitled 
thereto.  And  that  Defendants  may  be  restrained  from  further 
proceedings,  by  injunction  of  ihi^  Court.     And  further  relief,  Szc. 

W.  A. 


220 


SECT.  XI. — BILLS   TO  CANCEL  DEEDS,  tV^ 


In  the  Exchequer. 

Bill  to  deliver  up  Agreement  to  he  cancelled,  and  for  a 

Discovery. 

Humbly  complaining,  shew  unto  your  Honors,  your  Orator  and  Ora- 
trix  T.  II.  of  ,  and  ]M.  A.  R.  of  ,  widow,  debtors,  &c. 

that  in  and  before  the  month  of  ?  your  Oratrix  was  seised  and 

possessed  of  a  piece  or  parcel  of  ground,  lying,  Sec.  And  your,  &c.  that 
in  and  about  the  said  month  of  ,  your  Oratrix  was  in  habits  of 

confidential  friendship  with  J.  D.  then  of  B.  bookseller,  one  of  the  de- 
fendants hereinafter  named,  and  tlie  said  J.  D.  then  pretended  to  take 
great  interest  in  the  concerns  of  your  Oratrix,  and  promised  his  advice 
and  assistance  in  the  settlement  of  her  affairs,  your  Oratrix  having  been 
left  a  widow  about  months  before  that  time,  and  the  said  J.  D. 

conducted  himself  altogether  towards  [your  Oratrix  with  an  intention  to 
induce  your  Oratrix  to  believe  that  it  was  his  purpose  to  make  })roposals 
of  marriage  to  her.  And  your,  &c.  that  your  Oratrix  having  before 
made  many  presents  to  the  said  J.  D.  did,  in  the  said  month  of  ,  in 

a  conversation  with  the  said  J.  D.  express  to  him  her  intention  to  make 
him  a  present  of  the  said  piece  of  ground,  and  the  said  J.  D.  then 
pressing  your  Oratrix  to  carry  this  intention  into  effect,  by  executing 
some  written  agreement,  your  Oratrix  instructed  her  attorney,  Mr.  M. 
of  ,  to  prepare  an   agreement,  but  your  Oratrix  not  thinking  it 

prudent  to  part  absolutely  at  that  time  with  her  interest  iu  the  said 
piece  of  ground,  directed  IMr.  M.  to  insert  the  sum  of  £  as  fi  con- 
sideratioo  to  be  paid  by  the  said  J.  D.  to  your  Oratrix  ior  the  purchase 
of  the  same,  which  sum  of  £  your  Oratrix  then  considered  to  be 

above  the  value  of  the  said  piece  of  ground :  and  the  said  Mr.  M.  did 
accordingly  prepare  an  agreement  in  writing,  and  in  the  words  and 
figures,  or  to  the  purport  and  effect  following,  that  is  to  say,  &c.  as  in 
and  by,  &c.'  And  your,  &c.  that  after  the  said  agreement  in  writing 
was  prepared  by  the  said  Mr.  M.  and  in  or  about  the  da}'  of  the 
said  J.  D.  called  at  the  house  of  the  said  Mr.  M.,  and  the  said  JMr.  M. 
then  read  over  the  said  written  agreement  to  the  said  J.  D.,  or  otherwise 
ififorraed  the  said  J.  D.  of  the  contents  thereof,  and  the  said  J.  D.  there- 
upon executed  the  said  written  agreement  in  the  presence  of  the  said 
Mr.  M.    And  your,  &c.  tUat  after  the  said  J.  D.  had  executed  the  said 


Bir.LS  TO  CANCEL  DEEDS,  &C.  221 

Hgreenient,  tlic  said  Mr.  M.  delivered  the  same  unto  him,  and  thr  said 
J.  D.  on  the  same  day  brought  the  said  agreement  to  your  Oratiix  at 
her  own  house,  and  3'our  Oratrix  thereupon  also  executed  the  same  at 
tlie  request  of  the  said  J.  D.  And  your,  &c.  that  at  the  time  of  exe- 
cuting such  agreement  as  aforesaid,  by  your  Oratrix  an(i  the  said  J.  D. 
it  was  understood  by  your  Oratrix  and  the  said  J.  D.  notwithstanding  the 
said  sum  of  £  was  mentioned  as  the  consideration  of  the  said  agree- 
ment, in  order  to  retain  to  your  Oratrix  a  power  over  the  said  piece  of 
ground,  that  it  was  the  uhimate  intention  of  your  Oratrix  to  make  the 
said  J.  D.  a  present  of  the  same.  And  your,  &"c.  that  although  the  sum 
of  £  was  mentioned  in  the  said  agreement  to  have  been  paid  by  the 

said  J.  D.  to  your  Oratrix,  in  part  of  the  aforesaid  sum  of  £  ,  yet 
that  in  truth  no  part  of  the  said  £  was  ever  paid  by  the  said  J.  D. 
And  your,  Sec  that  after  the  making  of  the  said  written  agreement,  in- 
stead of  continuing  his  good  offices  and  friendship  to  your  Oratrix,  in 
the  faith  of  which  your  Oratrix  had  executed  the  said  agreement,  the 
said  J.  D.  pretended  to  have  cause  of  complaint  against  your  Oratrix, 
and  not  only  refused  all  further  assistance  in  the  management  of  her 
affairs,  but  actually  caused  your  Oratrix  to  be  arrested  in  two  separate 
actions  for  sums  of  money  which  the  said  J.  D.  had  advanced  for  her 
use  in  the  management  of  her  concerns,  expressly  for  the  purpose  of 
distressing  the  feelings  of  your  Oratrix,  and  not  from  any  apprehension 
that  such  arrests  were  necessary  for  securing  the  debts  due  to  the  said 
J.  D.  And  your,  &:c.  that  upon  such  conduct  on  the  part  of  the  said 
J.  D.  towards  your  Oratrix,  your  Oratrix  caused  application  to  be  made 
to  the  said  J.  D.  to  carry  the  aforesaid  written  agreement  into  efl'ect,  bv 
payment  of  the  said  sum  of  £  therein  mentioned,  on  having  a  con- 

veyance made  to  him  of  the  said  piece  of  ground,  or  otherwise  to  de- 
liver up  the  said  agreement  to  be  cancelled.  And  the  said  J.  D.  on 
such  applications  being  made  to  him  by  the  said  I\lr.  JM.  on  the  part 
of  your  Oratrix,  absolutely  refused  to  pay  the  said  sum  of  £  ,  and 

to  carry  the  said  agreement  into  effect ;  and  the  said  J.  D.  then  de- 
clared to  the  said  Mr.  M.  that  as  he  and  your  Oratrix  were  no  longer 
on  friendly  terms,  he  did  not  consider  himself  entitled  to  the  said  piece 
of  ground,  and  that  therefore  he  waived  and  relinquished  all  claim 
thereto  under  the  aforesaid  agreement,  and  would  have  nothing  further 
to  do  with  the  said  agreement.  And  your,  &c.  that  after  the  said  J.  D. 
had  so  waived  the  said  written  agreement,  your  Oratrix  agreed  with  your 
Orator  to  sell  to  him  the  said  piece  of  ground,  together  with  other 
parcels  of  land  at  B.  aforesaid,  at  or  for  the  price  or  sura  of  £  ,  the 
price  of  the  said  piece  of  ground  being  calculated  in  the  said  sum  of 
£  at  £  ;  and  afterwards,  by  indentures  of  lease  and  release, 
bearing  date  respectively  on  or  about  thf^         and         days  of         ,  and 


222  BILLS  TO  CANCEL  DEEDS,  &C. 

by  assignment,  bearing  date  the  said         day  of  ,  your  Oratrix,  in 

consideration  of  the  said  sum  of  £  then  in  hand  paid  to  your  Ora- 

trix, conveyed,  released,  and  assigned  the  piece  of  ground,  together  with 
the  said  other  parcels  of  land,  unto  your  Orator,  his  heirs,  executors, 
administrators,  and  assigns,  as  in  and  by,  &c.  And  your,  &c.  that  your 
Orator  and  Oratrix  have  made  frequent  applications  to  the  said  J.  D. 
to  deliver  up  the  aforesaid  written  agreement  to  be  cancelled,  with  which 
just  and  reasonable  requests  your  Orator  and  Oratrix  well  hoped,  &c. 
But  now,  &;c.  And  the  said  B.  W.  pretends,  that  he  hath  agreed  with 
the  said  J.  D.  to  purchase  the  said  ground  in  the  aforesaid  written  agree- 
ment mentioned,  at  or  for  a  certain  sum  of  money  paid,  or  to  be  paid 
by  hiin  to  the  said  J.  D.  as  the  consideration  for  the  same,  and  that  he 
had  no  notice  at  the  time  he  so  agreed  with  the  said  J,  D.  of  the  cir- 
cumstances under  which  the  aforesaid  agreement  was  entered  into  by 
and  between  your  Oratrix  and  the  said  J..  D.  or  that  the  said  J.  D.  had 
afterwards  waived  the  agreement ;  whereas  your  Orator  and  Oratrix  ex- 
pressly charge,  that  the  said  B.  W.  in  and  before  the  said  month 
of  ,  and  from  thence  hitherto  hath  been,  and  still  is,  the  attorney 

and  confidential  adviser  of  the  said  J.  D.  in  all  his  affairs,  and  that  he 
well  knew  from  tim.e  to  time  the  circumstances  under  which  the  aforesaid 
written  agreement  was  entered  into,  and  all  that  passed  respecting  the 
same  by  and  between  your  Oratrix  and  the  said  J.  D.  or  by  and  between 
other  persons  on  their  parts  and  behalfs,  and  in  particular  the  said  B.  W. 
well  knew  before  he  made  the  said  pretended  purchase  of  the  said  J.  D. 
that  the  aforesaid  written  agreement  was  not  entered  into  in  consequence 
of  any  actual  contract  between  your  Oratrix  and  the  said  J.  D.  respecting 
the  said  piece  of  ground,  but  merely  with  a  view  to  your  Oratrix's  ulti- 
mate intention  to  make  a  present  of  the  said  piece  of  ground  to  the  said 
J.  D.  and  that  the  said  J.  D.  had  afterwards  absolutely  waived  all  claim 
to  the  said  piece  of  ground,  under  the  said  agreement.  And  your 
Orator  and  Oratrix  further  charge,  that  the  said  B.  W.  before  he  made 
the  said  pretended  purchase  of  tlie  said  J.  D.,  by  the  direction  of  the 
said  J.  D.  and  as  his  attorney  or  agent,  corresponded  with  Mr.  M. 
hereinbefore  named  as  the  attorney  of  your  Oratrix,  on  the  subject  of 
fhe  said  written  agreement,  and  that  the  said  B.  W.  was  then  perfectly 
acquainted  with  the  real  nature  of  the  transaction  between  the  parties 
by  the  said  JMr.  M.  And  your  Orator  and  Oratrix  further  charge,  that 
if  the  said  B.  W.  has  in  fact  entered  into  any  agreement  with  the  said 
J.  D.  for  the  purchase  of  the  said  piece  of  ground,  yet  that  no  part  of 
the  consideration  mentioned  in  such  agreement  hath  ever  been  really 
paid,  or  was  meant  to  be  paid  by  the  said  B.  W.  and  that  such  agree- 
ment was  merely  colorable,  and  was  meant  only  to  vest  a  nominal  right 
fn  the  said  B.  W.,  and  that  the  said  J.  D.  was  advised  by  the  said  B.  W.. 


BJLL9  TO  CANCEL  DEEDS,  &€.  223 

.to  enter  into  such  a  scheme  or  device  to  compel  your  Oratrix  to  convey 
the  said  piece  of  ground  to  the  said  B.  W.,  who  was  to  hold  the  same 
as  a  trustee  for  the  said  J.  D.,  and  that  in  truth  the  said  J.  D.  had  totally 
abandoned  all  idea  of  claiminc^  ul^dcr  the  aforesaid  written  agreement, 
until  he  was  otherwise  advised  by  the  said  D.  W.  And  your  Orator 
and  Oratrix  humbly  insist,  that  they  are  well  entitled  to  liave  the  aforesaid 
written  agreement,  entered  into  between  your  Oratrix  and  the  said  J.  D. 
delivered  up  to  be  cancelled,  but  nevertheless,  under  such  and  the  like 
pretences  as  aforesaid,  the  said  confederates  refuse  to  deliver  up  the  same. 
And  the  said  confederates  have  filed  their  bill  in  this  honorable  Court, 
to  compel  your  Oratrix  to  execute  a  conveyance  of  the  said  piece  ot 
ground  to  the  said  B.  W.     All  which,  &c.     To  the  end  therefore,  &c. 

Inquiry. 

And  if  the  said  confederates  shall  pretend  that  the  said  B.  W.  has  in 
fact  entered  into  any  agreement  with  the  said  J.  D.  for  the  purchase  of 
the  said  piece  of  ground,  then  that  they  may  set  forth  the  said  agreement 
and  all  the  particulars  thereof,  and  when,  and  where,  and  with  what  view 
the  said  agreement  was  entered  into,  and  by  whom  the  same  was  pre- 
pared and  drawn,  and  if  any  part  of  the  consideration  is  in  the  said 
agreement  mentioned  to  have  been  paid,  then  that  they  may  set  forth 
when^  and  where,  and  in  whose  pi-esence  such  part  of  the  said  considera- 
tion was  so  paid  by  the  said  B.  W.  and  to  whom  the  same  was  paid,  and 
of  what  the  same  consisted;  and  whether  the  said  sum  of  £  men- 
tioned in  the  said  agreement  to  have  been  paid  by  the  said  J.  D.  to  your 
Oratrix,  in  part  of  the  said  sum  of  £  ,  was  ever  paid  j  and  if  the 
said  J.  D.  shall  pretend  that  the  said   sum  of  £  was  paid  by  him, 

then  that  he  may  set  forth  when,  where,  how,  and  in  what  manner,  and 
to  whom,  and  in  whose  presence  the  same,  and  every  part  thereof,  was  so 
paid. 

Prayer. 

And  that  the  said  confederates  may  be  compelled  to  make  a  complete 
answer  to  the  several  matters  aforesaid,  and  that  the  said  written 
agreement,  so  entered  into  as  aforesaid,  between  your  Oratrix  and 
the  said  J.  D.  may  be  decreed  to  be  delivered  up  to  your  Oratrix 
to  be  cancelled.     And  further  relief,  &c. 

U: 
Prrijj  Suhpcena  agalmt  J.  D. 
and  B.  W. 


224  BILLS    rO    CA-NCKL   DEEDS,. &.Ci 

Bill  by  Lessee  to  have  an  Agreement  delivered  up  to  he 
cancelled,  which  assigned  aivay  the  Remainder  of  his 
Lease  contrary  to  his  Intention,  he  not  being  able  to 
read  or  write ;  and  an  injunction  to  restrain  Action  of 
Ejectment. 

Humbly  complaining  sheweth  unto  your  Lordship,  your  Orator  W.  A. 
of,  &c.  that  on  or  about  the  day  of  ,  a  certain  indenture  of 

lease  was  made  and  duly  executed  between  E.  L.  then  of,  &c.  but  since 
deceased,  of  the  one  part,  and  ^tsur  Orator  of  the  other  part,  in  the 
words  and  figures,  or  to  the  purport  and  effect  following,  that  is  to  say, 
&"c.  [set  out  leaae  in  Jiopc  verba,)  as  in  and  by,  &c.  And  your,  &c.  that 
your  Orator  entered  upon  and  possessed  the  said  farm  and  lands,  under 
and  by  virtue  of  the  said  lease,  and  that  the  said  E.  L.  departed  this 
life  in  or  about,  &c.  and  that  after  his  death  I.  H.  of,  Sec.  the  defendant 
hereinafter  named,  became,  by  purchase  or  otherwise,  seised  of  or  en- 
titled to  the  reversion  of  the  said  farm  and  lands,  subject  to  the  said 
lease.  And  your,  &:c.  that  no  notice  was  ever  given  to  your  Orator  to 
determine  or  make  void  the  said  lease  at  the  end  of  years  from 

the  commencement  of  the  said  term  of  years,  thereby  demised, 

pursuant  to  the  proviso  therein  contained,  or  otherwise,  but  upon  tiie 
expiration  of  such  years,  the  said  L  II.  proposed  to  your  Orator 

to  enter  into  a  new  agreement  as  to  the  said  farm  and  lands,  giving  your 
Orator  to  understand  that  the  interest  of  your  Orator  therein  was 
determined.  And  the  said  I.  H.  upon  tliat  occasicKi,  as  he  had  frequent- 
ly done  before,  expressed  great  friendship  for  your  Orator,  and  declared 
tliat  it  was  his  wish  and  intention  that  your  Orator  should  continue  in 
possession  of  his  said  farm  as  long  as  he  lived.  And  your  Orator 
sheweth  that  your  Orator  can  neither  write  nor  read,  and  that  your 
Orator,  fully  believing  that  his  interest  in  the  said  lease  was  determined, 
and  that  the  said  Defendant,  who  is  a  man  of  fortune,  was  dealing  fairly 
by  your  Orator  and  was  not  intending  to  take  any  advantage  of  iiim, 
your  Orator  consented  to  enter  into  the  new  agreement  proposed  by  the 
said  I.  H.  and  thereupon  the  said  Defendant  caused  such  agreement  to 
be  reduced  into  writing  by  one  M.  B.  and  your  Orator  set  his  mark 
thereto,  and  such  agreement  was  in  tlie  words  and  figures  or  to  the  pur- 
port and  elfcct  lollowing,  that  is  to  say,  (to  remain  one  year  and  pay  the 
land  tax,  which  he  was  not  to  pay  by  his  lease,)  as  in  and  by,  &c.  And 
your,  &c.  that  confiding  in  the  said  I.  H.'s  professions  of  friendship 
tor  your  Orator,  and  in  his  aforesaid  declarations,  that  it  was  his  wish 
that  your  Orator  should  continue  in  his  said  farm  as  long  as  your  Orator 
lived,  your  Orator  proceeded  to  expend  considerable  sums  of  mojiey  in 


BILLS    TO    CANCEL    DEEDS.  2Si) 

erecting  new  buildings  upon  the  said  farm  and  lands,  and  in  other  im- 
provements thereof.  And  your  Orator  shewoth,  that  in  or  about,  &c. 
the  said  I.  II,  informed  your  Orator  that  he  must  either  pay  an  advanced 
rent  of  £  or  deliver  up  possession  of  the  said  premises  ;  and  your 
Orator  having  refused  to  comply  with  such  unexpected  and  unjust  de- 
mand, the  said  I.  H.  on  or  about,  &c.  caused  your  Orator  to  be  served 
with  a  notice  to  quit  the  said  farm  on  the         day  of  .     And  your, 

&c.  that  after  he  had  received  the  said  notice  ,  your  Orator  having  com- 
plained to  one  of  his  relations  of  the  great  hardship  of  being  obliged  to 
quit  his  farm  after  he  had  expended  so  much  money  in  improving  it,  in 
consequence  of  the  said  Defendant's  assurances  that  your  Orator  should 
continue  in  it  during  his  life,  and  having  in  the  course  of  such  conversa- 
tion mentioned  his  lease  from  the  said  E.  L.  his  said  relation  desired  to 
see  that  lease,  and  upon  perusing  the  same,  read  to  your  Orator  the 
proviso  therein  contained,  whereby  it  appeared  that  the  said  lease  was 
not  to  determine  at  the  end  of  the  first  years  without  months 

previous  notice.  And  your  Orator  sheweth,  that  he  hath  since,  by  him- 
self and  his  agents,  repeatedly  applied  to  tlie  said  I.  H.  and  requested 
him  to  deliver  up  the  said  agreement  of  the,  &c.  to  be  cancelled,  and 
to  confirm  the  said  indenture  of  lease  of  the,  &c.  and  to  return  to  your 
Orator  the  land  tax,  which  he  hath  paid  in  respect  of  the  said  farm,  since 
the  making  of  the  said  agreement,  and  wliich  he  was  thereby  bound  to 
pay,  although  he  was  not  to  pay  it  by  the  said  indenture  of  lease,  with 
which  just  and  reasonable  requests  your  Orator  well  hoped,  &'c.  And 
the  said  I.  H.  in  or  as  of  Hilarj'  term  last,  served  your  Orator  wilh  a 
declaration  in  ejectment,  in  order  to  obtain  possession  of  the  said  pre- 
mises. And  the  said  Defendant  at  some  times  pretends,  that  previous  to 
the  making  of  the  said  agreement  of  the,  &c.  the  said  Defendant  liad 
fully  explained  to  your  Orator  that  your  Orator  was  entitled  to  hold  tiie 
said  premises  under  the  said  indenture  of  lease,  until  the  end  of  the 
term  of  years  therein  mentioned,  and  that  your  Orator  was  desii- 

ous  to  surrender  and  determine  the  said  lease  wliereas  your  Orator  ex- 
pressly charges  the  contrary  thereof  to  be  the  truth,  and  that  the  said 
Defendant  never  did  in  any  manner  explain  to  your  Orator,  or  give  him 
to  understand,  that  he  was  entitled  to  hold  the  said  farm  until  the  end 
of  the  said  term  of  years.     And  the  said  Defendant  well  knew 

at  the  time  of  making  the  said  agreement  of  the,  &c.  that  your  Orator 
would  not  have  entered  into  the  same,  if  lie  had  been  aware  of  his 
rights  under  the  said  indenture  of  lease,  and  the  said  .Defendant  for 
that  reason  concealed  from  your  Orator  that  he  hr.d  such  rights.  And 
your  Orator  charges,  that  at  the  time  of  making  the  said  agreement, 
your  Orator  had  not  the  advice  or  assistance  of  any  person  whatsoever, 
but  acted  therein  according  to  the  suggestions  of  the  scid  Defendant. 

.30 


226  BILLS    TO    CANCEL    DEEDS,    &C. 

supposing  he  meant  to  be  kind  towards  him,  and  would  deal  fairly  by 
him.     All  which,  &c. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises.  And  that  the 
said  agreement,  bearing  date,  &c.  may  be  decreed  to  be  delivered 
up  to  your  Orator  to  be  cancelled ;  and  that  the  said  Defendant  may 
confirm  the  said  indenture  of  lease  of,  &:c. ;  and  that  an  account 
may  be  taken  of  what  your  Orator  has  paid  for  land  tax  of  the  said 
farm  since  the  making  of  the  said  agreement,  and  that  the  said 
Defendant  may  be  decreed  to  repay  the  same  to  your  Orator,  and 
that  in  the  meantime  the  said  Defendant  may  be  restrained  by  the 
order  and  injunction  of  this  honorable  Court  from  proceeding  in  his 
action  of  ejectment,  and  from  commencing  or  prosecuting  any  other 
proceedings  at  law  against  your  Orator  for  recovering  possession  of 
♦he  said  premises.     And  further  relief,  &c. 

J.  L. 


Bill  to  set  aside  Indentures  which  conveyed  away  an  Es- 
tate absolutely,  thoup^h  they  were  intended  to  operate 
only  as  a  Security  for  a  certain  Sum  of  Money. 

States  that  Plaintiff  W.  C.  being  entitled  to  the  premises  hereinafter 
mentioned,  in  reversion,  subject  to  the  life  estate  of  E.  C.  his  mother, 
and  having  by  indentures  of  lease  and  release,  bearing,  &c.  the  release 
being  made  between  Plaintiff  of  the  first  part,  and  one  R.  W.  J.  C. 
and  one  J.  S.  of  the  second  part ;  one  R.  C.  and  G.  R.  of  the  third 
part.  Plaintiff  for  the  consideration  therein  mentioned,  conveyed  the 
salne  premises  hereinafter  mentioned  to  the  said  R.  C.  and  G.  R.  upon 
trust,  out  of  the  rents  and  profits,  or  by  sale  or  mortgage  to  pay  the 
debts  specified,  and  then  to  convey  the  same  to  Plaintiff, 

That  being  at  that  time  in  embarrassed  circumstances,  and  having  a 
pressing  occasion  for  a  sum  of  money  not  less  than  £  ,  in  order  to 

enable  him  to  obtain  a  lucrative  situation  which  he  had  in  view,  applied 
to  the  said  R.  C.  to  lend  him  the  same,  and  offered  him  security  of  the 
premises  comprised  in  the  aforesaid  indentures  of  lease  and  release,  to- 
gether with  the  advantage  an,d  emoluments,  if  he  the  said  R.  C.  would  ad- 
vance the  sum  of  money  to  Plaintifl'.  And  the  said  R.  C.  instead  of 
complying  therewith,  informed  T.  R.  one  of  the  bankrupts,  the  brother 
of  Plaintiff  C.  the  wife  of  Plaintiff  W.  C.  of  such  Plaintiff's  offer,  and 
advised  him  to  inform  T.  R.  his  father  and  the  father  of  Plaiatilf's  wife. 


BILLS    TO    CANCEL    DEEDS,    &C.  227 

and  to  prevail  on  him  to  advance  or  procure  the  money,  in  order  to 
prevent  VV.  C,  making  an  imprudent  bargain  with  strangers,  to  the  pre- 
judice of  his  wife  and  family,  which  the  said  T.  R.  the  said  bankrupt 
accordingly  did.  And  the  said  T.  R.  junior,  being  informed  thereof, 
agreed  to  accommodate  Plaintiff,  but  not  having  the  money  it  was  pro- 
posed and  agreed  that  the  said  T.  R.  senior,  should  borrow  the  money 
upon  his  bond  from  one  J.  O.,  and  in  order  to  indemnify  the  said  T.  R. 
junior,  that  Plaintiff  should  convey  to  T.  R.  senior,  and  T.  R.  junior,  the 
aforesaid  premises,  subject  to  the  life  estate  of  Plaintiff's  mother,  and  to 
the  aforementioned  charges  made  therein  by  the  above  mentioned  deed 
of,  &c. 

That  the  said  T.  R.  senior,  accordingly  borrowed  the  sum  o(  £ 
from  the  said  T.  O. ;  and  T.  R.  senior,  and  T.  R.  junior,  by  their  bond 
or  obligation  in  writing  made  under  their  hands  and  seals,  became  bound 
to  pay  the  same  to  the  said  T.  O.  And  one  T.  P.  II.  an  attorney,  was 
employed  by  the  said  T.  R.  senior,  to  prepare  the  proper  instruments  for 
carrying  the  said  agreement  into  execution.  And  Plaintiff  W.  C.  hav- 
ing received  said  £  ,  said  Mr.  H.  presented  to  Plaintiff  two  instru- 
ments, Vr'hich  Plaintiff  being  ignorant  of  these  matters,  and  trusting  to  the 
said  JMr.  H.,  executed.  And  it  is  alleged  said  two  instruments  are  to 
the  purport  or  effect  following,  that  is  to  say,  (insert  the  indentures) 
which  said  indentures  are  in  the  custody  or  power  of  the  Defendants 
hereinafter  named,  or  some  or  one  of  them. 

That  the  meaning,  agreement,  and  intention  of  the  parties  to  the  said 
instrument  of  release  was,  that  after  payment  of  the  several  charges  on 
the  premises,  or  the  money  to  be  produced  by  the  sale  of  the  same,  that 
the  surplus  so  limited  to  the  said  T.  R.  senior  and  T.  R.  junior  should 
by  some  other  instrument  be  settled  and  secured  upon  Plaintiff  W.  C. 
and  his  family,  and  that  the  said  T.  R.  senior  and  T.  R.  junior  were  men- 
tioned and  intended  only  to  be  trustees  as  to  the  same.  And  the  said 
Mr.  H.  at  the  time  the  said  indentures  of  the  and  of 

were  executed,  and  at  other  times  informed  the  parties  thereto,  oi 
some  of  them,  that  the  same,  amounting  to  an  absolute  conveyance,  he 
would  prepare  some  deed  to  declare  the  trusts  of  the  said  surplus,  or  to 
that  or  the  like  effect. 

That  in  the  month  of  said  T.  R.  senior  departed  this  life, 

leaving  T.  R.  junior  him  surviving,  whereb}'-  the  joint  estate  in  the  said 
premises  conveyed  in  the  said  indentures  of  the         and  of         sur- 

vived to  the  said  T.  R.  junior;  and  T.  R.  senior  by  his  will  in  writing, 
appointed  E.  R.  his  executrix,  and  the  said  E.  R.  duly  proved  the  said 
will,  and  is  thereby  become  his  personal  representative. 

That  said  T.  R.  carried  on  trade  in  copartnership  with  his  brother 
I.  R.,  and  that  said  T.  R.  and  I.  R.  having  become  bankrupts,  a  commis- 
sion under,  &c.  {state  it  in  the  usual  way)  as  in  and  by,  &c. 


228  BILLS  TO    CANCF.L    DEEDS,    &C. 

That  no  defeasance  was  executed  in  tlie  lite-time  of  the  said  T.  R. 
senior,  but  that  the  said  T.  R.  senior,  having  bequeathed  a  legacy 
of  £  to  riaintiti"  S.  C.  his  daughter,  and  said  E.  R.  for  the  further 
advancement,  agreeing  to  give  the  £  and  the  aforesaid  sum  of  =£  , 
together  with  an  arrear  of  interest  being  due  from  Plaintifl'W.  C.  to  said 
E.  R.  executrix  of  said  T.  R.  senior,  together  with  other  sums  of 
money  borrowed,  and  it  being  at  that  time  apprehended  that  the  whole 
of  the  interest  then  due  from  the  Plaintiff  W.  C.  was  due  to  the  estate 
of  T.  R.  senior,  it  was  agreed  between  said  E.  R.,  T.  R.  junior,  and 
Plaintifi'  \V.  C.  that  they  should  convey  the  aforesaid  premises  to  trus- 
tees upon  tlie  trusts  hereinafter  mentioned.  And  by  indenture,  bearing 
date  some  time  in  the  year  ,  Plaintiff  W.  C,  said  E.  R.,  and 

T.   R.  junior,  in   due   form  of  law  conveyed   said  premises   to   Plaintiff 
W.  C  and  T.  W.,  upon  trust  to  sell  said  estate  and  premises  to  pay  the 
incumbrances  charged  thereon  by  the  aforesaid  indentures  of  the         and 
of  ,  to  pay  said  sum  of  £  and  interest  to  said  S.  R.  and 

to  place  out  the  monies  arising  therefrom  upon  government  or  other 
securities,  and  pay  the  interest  and  dividends  thereof  to  Plaintiff  W.  C. 
during  her  life,  and  upon  the  decease  of  the  survivor  to  be  divided 
among  their  children  as  therein  mentioned,  as  in  and  by,  &c. 

That  £  of  the  interest  due  by  Plaintiff  W.  C.  on  the  aforesaid 

sum  of  =£  was  due  to  said  T.  R.  Junior,  the  same  having  been  ad- 

vanced by  him  to  said  T.  O.  in  behalf  of  Plaintiff  W.  C,  but  all  the 
principal,  residue,  and  interest  was  paid  to  the  r.aid  T.  ().  by  the  said 
T.  R.  senior,  or  the  said  E.  R.  his  executrix,  and  therefore  the  said  sum 
of  £  is  due  to  the  said  Defendants,  the  assignees  of  the  estate  and 
effects  of  the  said  T.  R.  junior. 

That  since  the  execution  of  the  said  last  mentioned  deed,  Plaintiff 
J.  C.  had  intermarried  witii  Plaintiff  S.  l\. 

That  the  title  deeds  of  the  estate  was  delivered  to  Plaintiff  I.  C.  and 
are  now  in  his  possession  :  and  said  Defendants,  the  assignees  of  said 
T.  R.  and  J.  R.,  insist,  that  the  said  estate,  by  virtue  of  the  aforesaid 
conveyances  of  and  of  ,  conveyed  the  property  of  the  said  T.  R. 
jun.  for  his  own  benefit,  and  that  the  same  in  some  other  conveyance  to 
the  commissioners,  vested  in  them  lor  the  benefit  of  the  creditors  seek- 
ing relief  under  the  commission.  And  they  insist  upon  the  benefit  of 
the  said  instrument,  and  have  commenced  an  action  of  trover  against 
Plaintiff  I.  C.  to  recover  possession  of  said  title  deeds. 

That  Plaintiffs  are  entitled  to  have  said  deeds  of  lease  and  release 
of  and  of  cancelled,  and  the  assignees  ought  not  in  con- 

science to  proceed  in  the  said  action.  They  have  therefore,  by  them- 
selves and  their  agents,  applied  to  said  Defendants,  the  assignees,  to  de- 
liver up  said  deeds  to  be  cancelled,  and  to  discontinue  the  said  action, 
with  which  reasonable  request  they  ought  to  have  complied,  but  refuse 


BILLS  TO  CANCEL  DEEDS,   &€.  229 

so  lo  do,  alleginji^  that  the  said  conveyance  is  absolutely  unconditional, 
and  that  it  was  not  the  intention  of  the  parties  that  any  deed  should  be 
executed,  either  in  the  nature  of  a  defeasance  or  of  a  declaration  of 
trust,  but  that  it  was  meant  that  the  said  T.  R.  senior,  and  T.  R.  junior, 
should  take  the  surplus  for  their  own  use  and  benefit. 

Charge,  that  the  said  bond  debt  from  T.  R.  senior  and  T.  R.  junior  to 
said  I,  O,  was  considered  as  the  debt  of  W.  C,  and  the  said  T.  R.  se- 
nior enjoined  Plaintiff  W.  C.  to  pay  the  interest  of  it  regularly,  and  in 
the  month  of  a  year's  interest,  amounting  to  £         being  then  due. 

Plaintiff  W.  C.  gave  to  T.  R.  of  ,  which  was  all  he  could  then  raise 

towards  discharging  such  interest  to  the  said  I.  O.  and  took  a  receipt 
from  him,  in  the  words  and  figures,  or  to  the  purport  and  effect  follow- 
ing, that  is  to  say,  &c. 

And  as  evidence  thereof,  PlaintitTs  further  charge,  that  said  T.  R. 
junior  made  an  entry  in  a  book  kept  by  him,  which  is  in  the  words  and 
■figures,  or  to  the  purport  and  effect  following,  that  is  to  say,  &c. 

Charge,  that  the  book  in  which  the  entry  is  made,  is  in  the  proper 
custod}'  of  the  Defendants  hereinafter  named,  or  one  of  them,  and  as 
further  evidence  thereof.  Plaintiffs  further  charge,  that  Plaintiff  W.  C. 
being  indebted  to  Messrs.  B.  and  M.   of,  &c.  in  £  and  upwards, 

and  having  paid  £  ,  and  being  unable  to  discharge  the  rest,  they  were 
very  urgent,  and  Plaintiff  thereupon  applied  to  said  T.  R.  jun.  for  his  sur- 
plus, and  said  T.  R.  jun.  sent  to  said  Messrs.  B.  and  M.  or  one  of  them,  a 
note  in  the  words,  &c.  which  said  note  was  signed  by  said  T.  R.  sen.  and 
T.  R.  jun.  but  said  Messrs.  B.  and  M.  were  dissatisfied  with  the  said  se- 
curity, and  insisted  on  a  bond,  and  returned  said  note  to  said  T.  R.  jun. 
and  the  same  is  now  in  the  possession,  custody,  or  power  of  the  De- 
fendants, or  some  or  one  of  them;  and  Plaintiff,  being  afterwards 
very  much  pushed  by  said  Messrs.  B.  and  M.  for  payment  of  said  debt, 
and  said  T.  R.  sen.  being  dead,  and  said  E.  R.  his  executrix,  and  T.  R, 
jun.  some  time  in  the  month,  &c.  under  their  hands  and  seals,  executed  a 
bond,  bearing,  &c.  in  the  condition  of  which,  &c. 

Charge,  that  the  aforesaid  memorandum  of  the  said  T.  R,  sen.  upon 
the  receipt  given  by  the  said  J.  O.  the  aforesaid  entry  in  the  said  book 
of  account,  by  the  said  T.  R.  jun.  and  the  aforesaid  note  sent  to  the  said 
Messrs.  B.  and  M.  and  the  aforesaid  bond  given  to  them,  with  declara- 
tions of  the  trust  above  mentioned,  and  proved  by  writing,  signed  by  the 
parties,  by  law  enabled  to  declare  such  trust. 

Charge,  that  said  T.  R.  jun.  upon  some  or  one  of  his  examinations  be- 
fore the  commissioners  of  bankrupt,  explained  the  above  circumstances,  in 
the  presence  of  the  assignees  ;  notwithstanding  which,  they  still  insist 
upon  the  said  conveyance  of  the  and  ,  and  upon  proceed- 

ing in  their  said  action  against  Plaintiff  J.  C.     All  which,  &c. 


5SU  BILLS  TO  CANCEL  DEEDS,  kc. 

Prayer. 

That   the  indentures  of  the  and  of  may  be  cancelled, 

and  that  the  said  Defendants,  the  assignees  of  the  estate  and  effects 
of  the  said  bankrupts  T.  and  T.  R.  may  be  enjoined  from  proceed- 
ing in  the  said  action  against  J.  C.  and  from  commencing  or  prose- 
cuting any  other  action  against  any  other  of  the  Plaintiffs  in  respect 
of  any  of  the  matters  aforesaid. 


Bill  by  Heir  at  Law  to  set  aside  Will,  and  Surrender  of 
Copyhold,  as  obtained  by  Fraud. 

Humbly  complaining,  shewelh  unto  your  Honors,  your  Orator  S.  J, 
of,  &:c.  debtor,  and  accountant,  8cc.  that  S.  J.  your  Orator's  father, 
died  in  the  life-time  of  his  father,  S.  J.  the  elder,  your  Orator's  grand- 
father, and  that  the  said  S.  J.  the  elder,  being  of  the  age  of  years, 
and  seised  to  him  and  his  heirs,  according  to  the  custom  of  the  manor  of 
K.  in  the  county  of  N.  of  and  in,  8cc.  &c.  {set  out  and  describe  the  estate) 
and  also  seised  of  or  entitled  to  other  real  estates,  he  the  said  S.  J. 
the  elder,  was,  on  or  about  Sunday,  the,  &zc.  afflicted  with  a  violent 
stroke  of  the  palsy,  which  deprived  him  of  the  use  of  his  limbs,  and  also 
of  his  speech,  and  very  mjjch  weakened  and  deranged  his  mental  facul- 
ties, and  the  said  S.  J.  the  elder  departed  this  life  on  or  about  the  day 
of  following,  having  continued,  from  the  time  of  his  attack  until 

his  death,  in  such  state  of  body  and  mind  as  aforesaid.  And  your,  &c. 
that  M.  G.  and  W.  J.  the  Defendants  hereinafter  named,  had  intermar- 
ried with  the  two  daughters  of  the  said  S.  J.  the  elder,  and  that  the  said 
two  daughters  of  your  Orator's  father  were  the  only  children  of  the  said 
S.  J.  and  that  your  Orator,  being  the  only  son  of  his  father,  became,  and 
was,  upon  the  death  of  the  said  S.  J.  the  elder,  his  heir  at  law.  And 
your,  &c.  that  at  the  time  the  said  S.  J.  the  elder  was  afflicted  with  such 
paralytic  stroke  as  aforesaid,  the  said  M.  G.  and  his  wife  resided  in  the 
house  of  the  said  S.  J.  the  elder,  and  immediately  thereupon  the  said 
M.  G.  sent  for  the  said  W.  J.  who  resided  in  the  same  village  of  K.  afore- 
said, and  the  said  W.  J. ;  and  the  said  M.  G.  having  be*,n  informed  by 
E.  S.  of,  &c.  surgeon  and  apothecary,  who  attended  for  the  purpose  of 
medical  assistance  to  the  said  S.  J.  the  elder,  that  the  said  S.  J.  was  not 
likely  to  recover  from  the  said  attack,  the  said  W.J.  and  M.  G.  prepared 
a  written  paper,  purporting  to  be  a  surrender  of  the  copyhold  premises 
aforesaid,  with  the  appurtenances,  into  the  hands  of  J.  G.  and  J.  R.  third 
boroughs  of  the  said  manor  of  K.  to  the  use  and  behoof  of  the  said  W.  J» 


BILL3  TO  CANCEL  DEEDS,  &C.  231 

his  heirs  and  assigns  for  ever,  as  in  and  by,  &c.  And  your,  &c.  that 
the  said  W.  J.  and  M.  G.  on  the  day  after  the  said  S.  J.  the  elder  had 
been  so  afflicted  with  such  paralytic  stroke  as  aforesaid,  caused  the  said 
J,  G.  and  J.  R.  to  come  to  the  house  of  the  said  S.  J.  and  then  and 
there,  in  their  presence,  guided  the  hand  of  the  said  S.  J.  to  make  a  mark 
to  the  written  paper,  purporting  to  be  such  surrender  as  aforesaid,  the  said 
S.  J.  the  elder,  who  had  been  accustomed  to  write  a  fair  and  good4iand, 
being,  at  the  time  such  mark  was  so  made  to  the  said  paper,  in  his  bed, 
in  the  extremity  of  illness,  and  incapable  of  writing  or  of  speaking  intelli- 
gibly, and  utterly  ignorant  of  or  unable  to  comprehend  the  contents  of  the 
paper,  which  he  was  so  made  to  execute ;  and  the  said  M.  G.  and  W/J. 
then  well  knowing  or  believing  that  the  said  S.  J.  was  in  imminent  danger 
of  death.  And  your,  &c.  that  after  the  said  S.  J.  had  been  made  to  exe- 
cute the  saifl  surrender,  in  manner  aforesaid,  the  said  VV.  J.  and  M.  G. 
instructed  W.  M,  who  was  a  schoolmaster  in  the  village  of,  &c.  to  pre- 
pare a  written  paper,  purporting  to  be  the  will  of  the  said  S.  J.  the  elder, 
whereby  it  was  stated  that  the  said  S.  J.  the  elder  gave  and  devised,  &c. 
(to  said  Defendants  to  pay  the  interest  of  £  ,  and  then  divided  equally 
between  them  and  Plaintiff),  as  in  and  by,  &c.  And  your,  &c.  that  on 
or  about,  &c.  being  the  sixth  day  from  that  on  which  the  said  S.  J. 
the  elder  was  afflicted  with  such  paralytic  stroke  as  aforesaid,  and  the 
day  before  his  death  the  said  W.  J.  and  M.  G.  caused  three  persons  to 
attend  as  witnesses  at  the  house  of  th«  said  S.  J.  and,  in  their  presence, 
guided  the  hand  of  the  said  S.  J.  to  mark  to  the  said  written  paper, 
purporting  to  be  a  will,  the  said  S.  J.,  then  being  in  his  bed,  and  unable 
to  write  or  to  speak,  so  as  to  be  understood,  and  ignorant  or  incapable  of 
comprehending  the  contents  of  the  said  written  paper,  and  in  the  extre- 
mity of  illness.  And  your,  &c.  that  after  the  death  of  the  said  S.  J.  the 
elder,  the  said  IM.  G.  and  W.  J.  proved  the  first  mentioned  paper,  signed 
by  the  mark  of  the  said  S.  J.  as  aforesaid,  to  be  presented  to  the  jury  at  a 
court  of  the  said  manor  of  K.  as  a  surrender  by  the  said  S.  J.  of  the  said 
one-fourth  of  one  yardland  (about  40  acres)  of  copyhold  land,  and  by  vir- 
tue thereof,  the  said  W.  J.  was  afterwards  admitted  thereto,  to  hold  the 
same  to  him  and  his  heirs,  according  to  the  custom  of  the  said  manor ; 
and  the  said  VV.  J.  hath,  from  the  death  of  the  said  S.  J.  been,  and  now 
is  in  the  possession  of  the  said  one-fourth  of  one  yardland  copyhold 
land,  or  in  the  receipt  of  the  rents  and  profits  thereof,  and  hath 
divided  the  said  rents  and  profits  with  the  said  M.  G.  or  hath  other- 
wise made  to  the  said  M.  G.  some  compensation  for  assisting  him 
in  such  fraud  and  practise  upon  the  said  S.  J.  the  elder,  as  afore- 
said. And  your,  &c.  that  upon  the  death  of  the  said  S.  J.  the  elder, 
the  said  \V.  J.  and  M.  G.  also  entered  into  the  possession  of  the  said 
c9pybold  house  and  premises  at  K,  aforesaid,  and  of  all  other  the  re.9.\ 


282  BILLS  TO  CANCEL  DEEDS,  &,C. 

estate  of  the  said  S.  J.  the  elder,  or  into  the  receipt  of  the  rents  and 
profits  thereof,  and  continued  in  such  possession  or  receipt  until  your 
Orator  attained  his  age  of  twenty-one  years,  which  happened  on  or  about 
the,  &c.  And  the  said  W.  J.  and  M.  G.  during  the  minority  of  your 
Orator,  applied  but  a  very  small  part  of  the  profits  of  the  said  house,  and 
other  estates,  in  the  education,  or  for  the  use  of  your  Orator,  and  the  rest 
thereof  they  applied,  as  they  pretend,  pursuant  to  the  trusts  of  the  said 
pretended  will  of  the  said  S.  J.  the  elder.  And  your,  &c.  that;  upon  the 
death  of  the  said  S.  J.  the  elder,  the  said  W.  J.  and  JM.  G.  possessed 
themselves  of  the  personal  estate  and  effects  of  the  said  S.  J.  the  elder,  to 
a  very  considerable  amount,  under  pretence  tliat  the  said  S.  J.  the  elder 
had  made  a  valid  and  effectual  will  of  such  personal  estate,  and  had  ap- 
pointed the  said  W.  J.  and  M.  G.  the  executors  thereof;  and  the  said 
W.  J.  and  M.  G.  have  also  possessed  themselves  of  all  and  every  the 
books  and  papers  of  the  said  S.  J.  the  elder,  and  of  the  title-deeds  of  his 
real  and  other  estates.  And  your,  &c.  that  the  said  S.  J.  the  elder,  in  his 
life-time,  mortgaged  the  said  copyhold  house  and  premises  in  which  he 
resided  at  K.  for  the  sura  of  £  ,  and  that  the  said  mortgage  remained 
charged  thereon  at  the  death  of  the  said  S.  J.  the  elder,  and  still  remains 
charged  thereon,  not  having  been  discharged  and  satisfied  out  of  the  per- 
sonal estate  of  the  said  S.  J,  the  elder,  by  the  said  W.  J.  and  M.  G.  as  it 
ought  to  have  been.  And  your,  &c.  that  the  said  M.  J.  the  wife  of  the 
said  W.  J.  and  A.  G.  the  wife  of  t!ic  said  M.  G.  were  the  only  surviving 
children  of  the  said  S.  J.  the  elder,  at  tlie  time  of  his  death ;  and  your 
Orator  and  his  sister,  the  aforesaid  E.  J.  were,  at  the  time  of  the  death 
of  the  said  S.J.  the  elder  the  only  surviving  children  of  any  deceased 
child  of  the  said  S.  J.  the  elder,  and  that  the  said  M.  J.  and  A.  G.  or  their 
said  husbands,  in  their  rights,  were,  upon  the  death  of  the  said  S.  J.  the 
elder,  if  he  died  intestate,  as  to  his  personal  estate,  entitled  each  to  one- 
third  of  the  residue  of  such  estate,  after  payiucnt  of  his  funeral  expenses 
and  debts  ;  and  that  your  Orator  and  his  said  sister,  as  representing  their 
deceased  parent,  were  entitled  to  the  other  one-third  of  such  residuary 
estate,  in  equal  moieties.  And  your,  &c.  that  inasmuch  as  tlie  said  pre- 
tended surrender  of  the  said  onc-fourtii  of  oneyardland  copyhold  land  by 
the  said  S.  J.  tlie  elder,  and  also  the  said  pretended  will  of  the  said  S.  J. 
the  elder,  were  made  and  executed  by  such  fraud  and  practice  of  the  said 
M.  J.  and  M.  G.  as  hereinbefore  stated  ;  that  for  and  notwithstanding  the 
same,  the  said  copyhold  premi-es,  and  all  otiier  the  real  estate  of  the  said 
S.  J.  the  elder,  upon  his  dejith,  descended  and  became  vested  in  your  Ora- 
tor, as  his  lieir  at  law.  And  your  Orator  hath  made  frequent  applications 
to  the  said  W.  J.  and  M.  G.  to  deliver  up  the  possession  of  the  said 
copyhold  and  other  real  eslatesto  your  Orator,  and  to  come  to  a  just  and 
true  account  with  hixn  for  the  rents  and  profits    thereof  respectively, 


BILLS  TO  CANCEL  DEEDS,  &C.  23^^ 

'aIiicIi  have  been  received  by  tliem,  or  either  of  ihem,  since  the  death  of 
the  said  S.  J.  the  elder,  and  also  out  of  the  personal  estate  of  S.  J.  the 
elder,  to  satisfy  and  discharge  the  said  mortgaf^e  for  £     .  And  your  Orator 
hath  also  requested  them  to  come  to  a  just  and  true  account  with  youi* 
Orator  for  his  one-sixth  share  of  the  residuary  personal  estate  of  tlie  said 
S.  J.  the  elder;  or  if  it  shall  appear  that  the  said  S.  J.  the  elder  mado 
any  valid  or  eflectual  will  of  his  personal  estate,  and  that  the  said  W.  J. 
and  M.  G.  are  the  executors  thereof,  then  that  the  said  Defendants  would 
account  with  your  Orator  for  such  part  or  share  of  the  personal  estate  yf 
the  said  S.  J.   the  elder,  as  your  Orator  should  be  entitled,  under  such 
will,  with  which  just  and  reasonable  requests  your  Orator  well  hoped  the 
said  W.  J.  and  M.  G.  would   respectively  have  complied,  as  in  justice 
and  equity  they  ought  to  do.     But  now,  &c.  absolutely  refuse  to  do.    And 
the  said  W.  J.  and  M.  G.  pretend,  that  the  said  surrender,  and  the  said 
pretended  will,  were  prepared  by  the  express  direction  of  the  sard  S.  J. 
the  elder,  and  from  his  own  notion,  and  not  from  the  instructions,  or  by 
the  suggestions  of  the  said  Defendants,  or  either  of  them,  and  tiiat,  after 
the  same  were  prepared,  he  read  the  same  over,  or  the  same  were  read 
over    to   him    faithfully,    previous    to    his    execuiion    thereof    respec- 
tively; and  that  he  executed  the  same  respectively  of  his  own  notion, 
and  not  by  the  influence  or  the  compulsion  of  the  said  Defendants,  or 
either  of  them,  or  by  their  contrivance,  or  with  full  knowledge  and  clear 
apprehension  of  the  contents  and  effects  thereof.     Whereas  your  Orator 
expressly  charges,  that  at  the  times  the  said  instruments  were  respectively 
prepared,  the  said  S.  J.  the  elder  had  not  power  of  body  or  mind  to  con- 
verse or  decide  upon  matters  of  business;  nor  to  express  himself  intelli- 
gibly upon  any  subject  of  business,  and  that  the  said  instruments  were 
either  prepared  by  the  said  Defendants,  or  by  their  direction,  or  at  their 
suggestion,  and  not  upon  the  notion  or  suggestion  of  the  said  S.  J.   the 
elder.      And  that  after  the  same  were  respectively  prepared,  and  previous 
to  the  execution  thereof,  the  said  S.  J.  the  elder  was  utteily  incapable  of 
reading  them,  and  that  the  same,  previous  to  the  execution  thereof,  were 
never  read  to  or  in  the  presence  of  the  said  S.  J,  the  elder  ;  or  that  if  the 
same,  or  either  of  them,  were  so  read,  they  were  read  falsely  and  unfaith- 
fully, and  as  and  for  instruments  of  a  ditlerent  purport  and  efiect,  as  tlie 
said  S.  J.  the  elder  had  not,  at  the  time  or  times  of  such  reading  respec- 
tively, power  of  body  or  mind  to  hear  or  apprehend  the  contents  and  ef- 
fects thereof.     And  your  Orator  further  charges,  that  at  the  times  of  the 
execution  thereof  respectively,  in  manner  aforesaid,  the  said  S.  J.  the 
elder  had  not  power  of  mind  to  know  and  comprehend  the  contents  and 
effect  thereof,  nor  did  know  or  comprehend  the  contents  and  effect  there- 
of, and  that  the  same  were  not  executed  from  his  own  notion,  and  of  his 
own  free  will,  but  by  the  suggestion,  compulsion,  or  contrivance  of  xh^. 

31 


^34  BILL.^    TO    CANCEL    DEEDS,    k,C. 

said  Defendants,  or  one  of  them.  And  your  Orator  furllier  charge*, 
that  the  said  E.  S.  who  attended  the  said  S.  J.  tiie  elder,  in  his  iUness, 
and  the  said  W.  M.  who  drew  the  said  pretended  will,  and  also  the  said 
J.  G.  and  J.  R.  who  attended  a';  aforesaid,  to  receive  the  said  pretended 
surrender,  and  the  subscribing  witnesses  to  the  said  pretended  will,  or 
some  of  tliem,  represented  to  the  said  Defendants  that  the  said  S.  J.  the 
elder  was  not  in  a  fit  state  of  mind  or  body  to  act  in  matters  of  business, 
and  remonstrated  with  the  said  Defendants  upon  the  impropriety  of  such 
^^istruments  being  prepared  or  executed.  And  the  said  Defendants  also 
pretend,  that  the  said  S.  J.  the  elder,  before  he  was  afflicted  with  such 
paralytic  stroke  as  aforesaid,  had  contracted  and  agreed  with  the  said  W.  J. 
to  sell  to  him  the  said  copyhold  premises  at  or  for  the  price  of  <£  ,  and 
that  the  said  W.  .1.  had  actually,  before  such  illness,  paid  the  said  sum  of 
money  to  the  said  S.  J.  the  elder,  for  and  in  respect  of  such  surrender ; 
whereas  your  Orator  charges  that  no  such  contract  or  agreement  ever 
was  made  by  the  said  S.  J.  the  elder ;  nor  did  the  said  W.  J.  ever  pay 
any  sum  of  money  whatsoever  to  the  said  S.  J.  the  elder,  in  respect  of  the 
purchase  of  the  said  copyhold  premises;  and,  as  evidence  thereof,  your 
Orator  charges  that  the  said  S.  J.  the  elder  never  consulted  with  any 
professional  or  other  person  as  to  the  value  of  the  Said  premises,  and  no 
contract  or  agreement  for  the  sale  of  the  said  copyhold  premises  to  the 
said  W.  J.  was  ever  reduced  into  writing,  or  signed  by  the  said  S.  J.  the 
elder;  nor  is  any  memorandum  of  such  agreement,  or  any  entry  or  writ- 
ing respecting  the  same,  or  the  receipt  of  any  sum  of  money  in  respect 
thereof,  to  be  found  in  the  books,  or  amongst  the  papers  of  the  said  S.  J. 
the  elder,  in  his  hand-writing.  And  your  Orator  further  charges,  that  no 
memorandum  or  entry  respecting  such  agreement,  nor  any  entr}'  of  any 
such  payment  having  been  made  for  the  purchase-money  thereof,  or  any 
part  thereof,  is  to  be  found  in  the  books  of  the  said  W.  J.  except  such 
memorandum  or  entry  as  the  said  W.  .T.  may  have  made  therein  since  the 
said  S.  J.  the  elder  was  afflicted  with  such  paralytic  stroke  as  aforesaid. 
And  the  said  Defendant  E.  J.  the  sister  of  your  Orator,  pretends  that  the 
said  copyhold  house,  with  the  appurtenances  at  K.  was  well  devised  by 
the  said  S.  J.  by  such  pre'ended  will  as  aforesaid;  and  that  your  Orator  is 
not  entitled  to  have  the  mortgage  thereon  discharged  and  satisfied  out  of 
the  personal  estate  of  the  said  S.  J.  the  elder.     All  which,  <5v:c. 

ItKpiiry. 

And  if  the  said  W.  J.  shall  pretend  tliat  the  said  S.  J.  the  elder  had 
contracted  and  agreed  with  him  to  s«ll  the  said  one-fourth  of  said  yardland 
copyhold  land,  then  that  the  said  W.  .T.  may  set  forth  when  and  where 
such  contract  was  made,  and  who  was  present  at  the  making  thereof,  and 
why,  and  for  what  reason,  iJic  baid  S.  J.  the  elder  became  willing  to  sell 


BILLS  TO  CANCEL  DEEDS,  &C.  235 

the  said  copyhold  land,  and  when  and  where,  and  in  whose  presence  tlie 
purchase-money  of  the  same,  or  any  part  or  parts  thereof,  was  or  were 
paid  by  the  said  W.  S.  to  the  said  S.  J.  the  elder. 

Prayer, 

And  that  the  said  Defendants  may  answer  the  premises.     And  that  il 
may  be  declared  that  the  said  pretended  surrender  of  the  said  one- 
fourth  of  the  yardland  of  copyhold  land  by  the  said  S.  J.  the  elder  is 
void,  and  of  no  efiect ;  and  that  the  same,  upon  the  death  of  the 
S.  J.  the  elder,  descended  to  your  Orator  as  his  heir  at  law,  or  that 
the  said  W.  J.  by  the  said  surrender,  or  by  his  subsequent  admis- 
sion to  the  said  copyhold  premises,  became,  and  is  a  Trustee  there- 
of for  your  Orator,  as  such  heir  at  law ;  and  that  the  said  W.  i .  may 
be  decreed  to  deliver  up  the  said  pretended  surrender  to  be  can- 
celled, and  also  to  deliver  up  the  possession  of  the  said  one-fourtli 
of  one  yardland  of  the  said  copyhold  land  to  your  Orator,  and,  if  nar 
cessary,  to  surrender  the  said  copyhold  land  to  the  use  of  your  Ora- 
tor and  his  heirs,  and  to  come  to  an  account  for  the  rents  and  profits 
thereof  received  by  the  said  VV.  J.  or  by  his  order,  or  for  his  use, 
since  the  death  of  the  said  S.  J.  and  to  pay  over  to  your  Orator  what 
shall  be  found  due  from  him  upon  the  taking  of  sucli  account ;  and 
that  an  issue  may  be  directed  to  try  whether  the  freehold  estates  of  the 
said  S.  J.  the  elder  were  well  devised  by  him,  or  descended  to  your 
Orator,  as  his  heir  at  law;  and  if  it  shall  be  found  that  the  said  last 
mentioned  estates  descended  to  your  Orator,  as  the  heir  at  law  of  the 
said  S.  J.  the  elder,  then  that  the  said   W.  J.    and   M.  G.  may  be 
directed  to  deliver  up  the  said  pretended  will  to  your  Orator,  to  he 
cancelled  ;  and  also  to  deliver  up  to  your  Orator  all  the  deeds  and 
other  writings  relating  to  the  said  estate,  and  to  come  to  an  account 
for  the  rents  and  profits  of  the  said  estates,  which  have,  since  the 
death  of  the  said  S.  J.  the  elder,  been  received  by  them,  or  either  of 
them,  or  by  their,  or  either  of  their  order,  or  for  their,  or  either  ot 
their  use,  and  to  pay  over  to  your  Orator  what  shall  be  found  due  to 
him  upon  the  taking  of  such   account ;  and  that  an   account  may 
also  be  taken  of  the  personal  estate  and  effects  of  the  said  S.  J.  the 
elder,  come  to  the  hands  of  the  said  Defendants,  or  either  of  them, 
and  also  an  account  of  his  funeral  expenses  and  debts,  and  that  the 
said  Defendants  may  be  directed,  in  the  first  place,  by  and  out  of 
such   personal  estate,    to  satisfy  and  pay  the  said   mortgage   for 
£  ,  charged  on  the  said  freehold  estates,  and  all  interest  due 

thereon  ;  and  if  it  shall  appear  that  the  said  S.  J.  the  elder  died  in- 
testate, then  that  the  said  Defendants  may  be  directed  to  pay  over 
to  your  Orator  one-sixth  part  of  the  clear  residue  of  the  personal 


236  BILLS  TO  CANCEL  DEEDS,  &€. 

estate  of  the  said  S.  J.  the  elder  ;  or  if  it  shall  appear  that  the  said 
S.  .r.  made  any  valid  will  of  his  personal  estates,  thai  the  said  De- 
fendants may  be  decreed  to  pay  to  your  Orator  such  part  or  share 
thereof  as  he  shall  be  entitled  to  by  the  provisions  of  such  will.  And 
for  further  relief. 

W.  J, 


Bill  by  a  fVidow  to  have  a  Bond  delivered  up,  which  hci 
Jlashand  had  given  to  his  Father,  charsring  that  it  was 
meant  as  a  Security  for  a  Return  of  Pait  of  the  For- 
tune which  Defendant  had  pretended  to  give  him  on  his 
Marriage. 

States,  that  on,  &c.  a  marriage  was  in  contemplation,  and  intended  to  be 
solemnized  between  Plaintiff  and  D.  L.  that  it  was  thereupon  proposed 
and  agreed  between  the  friends  of  Plaintiff  and  Defendant,  M.  L.  the 
fallver  of  D.  L.  that  the  Defendant  should  convey  and  assure  unto  D.  L. 
certain  lands,  &c.  of  which  he  was  then  seised  in  fee,  and  which,  together 
with  Plaintiff's  real  and  personal  estate,  should  be  settled  in  manner  be- 
tween the  said' parties  agreed  upon. 

Ihat  in  pursuance  of  agreement,  certain  lands  of  Defendant,  together 
with  Plaintiff's  real  and  personal  estate,  were,  by  indentines  of  lease  and 
release,  bearing  date,  Sec.  to  the  uses,  u()on  the  trusts,  and  in  manner  in 
that  behalf  agreed  upon  between  the  parties. 

That  at  the  time  of  the  execution  of  the  settlement,  D.  L.  was  pre- 
vailed upon  by  Defendant,  his  father,  to  execute  some  instrument  in  writ- 
ing, which  Plaintiff  halh  since  discovered  to  be  a  bond  or  obligation  in 
writing,  dated,  &c.  [states  it.) 

That  D.  L.  never  received  or  was  paid  any  consideration  whatsoever 
from  Defendant  for  the  aforesaid  instrument  or  bond,  or  for  executing 
same,  but  the  same  was  executed  by  him  as  an  inducement  for  Defend- 
ant to  consent  to  make  such  settlement  as  aforesaid  of  his  said  estates, 
and  in  consequence  of  some  private  agreement  made  between  them,  upon 
the  occa-Jou  of  the  said  marriage.  Defendant  haviiig  required  and  in- 
sisted upon  having  the  same  executed,  as  the  terms  and  conditions  on 
which  he  would  consent  and  agree  to  make  such  settlement  of  his  estate 
as  aforesaid,  in  favour  of  his  said  son  and  Plaintiff;  and  said  bond  was 
moreover  given  and  executed  by  D.  L.  wilhout  the  knowledge  or  privity 
of  J'hnntilf,  or  any  of  her  relations  or  friends,  from  whom  (he  same  was 
indubtrjously  and  designedly  concealed. 

That  marriage  was  had  and  solemnized — death  of  D.  L.  leaving  Pluin- 
tiff  his  widow,  who  hath  administered  to  him. 


BILLS    TO    CANCEL    DEEDS,    &.C.  237 

Tliat  Bond  liaviiig  been  given  by  D.  L.  upon  the  occasion  aforesaid, 
and  witliout  any  good  or  valuable  consideration.  Plaintiff  hoped  no  claim 
or  demand  would  have  been  made  on  the  estate  of  D.  L.  in  respect 
thereof.     But  now,  &c. 

Pretend,  said  bond  was  executed  by  D.  L.  for  securing  the  repayment 
of  the  sum  of  =£  to  Defendant,  and  that  such  sum  was  by  him  actually 
lent  and  advanced  to  D  L.  or  that  said  bond  was  given  for  securing  the 
|)ayment  of  some  debt  or  sums  of  money  actually  and  bona  Jide  due 
from  D.  L.  to  Defendant,  or  for  some  other  good  and  valuable  considera- 
tion, but  the  particulars  of  which  such  debts  or  consideration  consisted,  or 
when,  where,  or  in  whose  presence  such  consideration  was  given  or  paid, 
or  how,  or  in  what  manner  such  debt  arose,  or  became  due.  Defendant 
refuses  to  discover  or  set  forth. 

Charge  contrary/,  and  that  Defendant  never  paid  or  gave,  nor  did  D.  L. 
ever  receive  any  consideration  whatsoever  for  the  said  bond,  nor  was  D.  L. 
at  the  time  of  the  execution  thereof,  indebted  unto  Defendant  in  any  sum 
of  money  whatsoev^er. 

Charge,  that  bond  was  extorted  from  D.  L.  and  he  was  prevailed  upon 
to  execute  the  same  upon  the  account  of  the  said  marriage,  or  the  execu- 
tion of  the  said  settlement ;  and  some  short  time  previous  to,  and  in  con- 
templation of  said  marriage  with  Plaintiff,  as  a  security  for  and  in  order 
to  compel  him  to  repay  to  Defendant  the  sum  of  £  ,  in  part  of  the 

fortune  which  Defendant  had  pretended  to  give  his  son  on  his  said  mar- 
riage, and  the  same  was  done  with  a  view  to  deceive  and  impo-:e  upon 
Plaintiff  and  her  friends,  who  would  not  (as  Defendant  well  knows  and 
believes)  have  consented  to  such  marriage,  had  they  known,  suspected 
or  believed  that  Defendant  would  not  give  his  said  son  so  large  a  fortune 
as  by  the  said  settlement  he  pretended  to  give  to  him,  or  that  any  part  of 
such  fortune  was  to  be  repaid  to  him,  or  any  security  to  be  by  him  taken 
from  the  said  D.  L.  for  the  repayment  of  the  same,  or  any  part  thereof, 
and  therefore  said  bond  was  a  fraud  upah  the  agreement  made  between 
the  parlies  upon  the  occa^-ion  of  the  said  marriage. 

Charge,  that  Defendant  was  so  well  convinced,  after  the  said  bond  was 
given,  that  he  could  not  support  any  claim  or  demand  against  D.  L.  in 
respect  thereof,  that  from  the  time  of  the  date  thereof,  until  the  time  of 
the  death  of  D.  L,  Defendant  never  called  upon  him  to  pay  any  sum  of 
money  whatsoever,  in  discharge  either  of  the  prijicipal  or  interest  due 
Uiereon,  aad  that  it  was  not  till  after  tl»e  death  of  D.  L.  that  he  made 
any  demand  on  Plaintiff  of  the  money  pretended  to  be  due  on  said  bond, 
when  Defendant  imagined  it  would  be  difficult  to  controvert  such  claim ; 
and  charge,  that  after  he  had  made  such  demand  on  Plaintiff  as  albreiiaid, 
and  which  was  on  or  about,  dc.  on  being  informed  by  Plainlill",  that  for 
the  reasons  aforesaid,  amongst  others,  she  did  not  consider  herself  liable 


238  BILLS   TO  CANCEL  DEEDS,  &C. 

to  pay,  or  that  slie  should  bejustified  in  paying  such  debt,  Defendant  ac- 
quiesced therein,  and  never  made  any  demand  upon  Plaintiff,  or  took  any 
measures  to  recover  the  sarne  until  on  or  about,  &c.  and  therefore 
Plaintiff  insists,  that  in  case  the  said  bond  had  been  originally  good  and 
valid  and  given  for  a  good  and  valuable  consideration  (but  which  Plaintiff 
doth  not  admit,)  said  bond  ought  at  this  distance  of  time,  without  pay- 
ment of  or  demand  for  principal  or  interest  secured  thereby,  to  be  pre- 
sumed to  be  satisfied  ;  and  that  Defendant  ought  not  now  to  be  at  Hberty 
to  set  up  the  same,  or  to  avail  himself  thereof. 

Charge,  that  Defendant  would  not  have  neglected  for  so  long  a  time, 
to  call  for  or  require  payment  of  said  bond,  or  of  the  money  secured  there- 
by, but  he  imagined  that  he  could  have  compelled  the  payment  thereof. 

Charge  that  Defendant  was,  in  the  life  time  of  D.  L.  and  since  his 
decease,  frequently  in  want,  and  often  distressed,  for  money  ;  and  there- 
fore, for  the  reasons,  and  imder  the  circumstances  aforesaid,  Plaintiff  is 
advised,  and  insists  that  said  bond  ought  to  be  delivered  up  to  be  can- 
celled. 

But  Defendant  insists  on  the  contrary,  and  he  hath  lately  commenced  an 
action  at  law  against  Plaintiff,  as  the  administratrix  and  personal  re- 
presentative of  D.  L.  in  his  Majesty's  Court  of  King's  Bench,  at  West- 
minster, on  the  aforesaid  bond  ;  and  he  threatens  to  proceed  to  judgment 
and  execution  therein,  well  knowing  that  Plaintiff  cannot  make  a  good  de- 
fence at  law  on  the  said  action. 

>J.  B.  The  prayer   will  be,  that  the  bond  shall  be  delivered  up,  and 
an  injunction  to  stay  proceedings  at  law. 


Bill  to  Iiavr,  a  Bond  ddivcred  up  to  be  cancelled^  which  ivas 
obtauird  by  a  Misrepresentation,  and  Injunction  from 
proceeding;  on  the  said  Bond. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  I.  L. 
of,  &c.  farmer,  and  I.  L.  jun.  of,  &c.  the  son  of  your  Orator  I.  L,  that 
T.  C.  late  of,  &c.  but  now  deceased,  and  who  was  a  coach-master,  and 
also  a  farmer,  did,  in  or  about  the  begiin)ing  of  the  year  dispose  of* 

part  of  his  business  as  a  coach-master,  and  also  his  stage-horses  to  your 
Orator  I.  L.  jun.  for  the  sum  of  £  .     And  your  Orators  shew, 

that  the  said  T.  C.  then  occupied  farms,  at,  &c.  which  were  the  pro- 
perty of  F.  S. ;  and  the  said  T.  C.  represented  to  your  said  Orator,  that 
he  was  entitled  to  the  said  farms,  for  the  residue  of  a  term  of 

years,  commencing,  as  to  the  meadow  land  at  Christmas  ,  and  as 

to  the  rest  of  the  premises,  at  Candlemas  ,  at  the  annual  rent  of 


BILLS  TO  CANCEL  DEEDS,  &C.  239 

^'  .     And  the  said  T.  C.  proposed  to  sell  his  said  interest  in  the 

said         farms  to  your  said  Orator,  for  the  residue  of  the  said  term  of 
years,  at  the  price  of  i^  .     And  your  Orators  shew,  that  your  said 

Orator  I.  L.  jun.  thereupon  agreed  with  the  said  T.  C.  to  purcliase  his 
said  interest  in  the  said         farms,  for  the  said  sum  of  £  ;  and  your 

said  Orator  not  being  prepared  to  pay  tlie  money,  it  was  furtlier  agreed 
between  them,  that  your  Orator  I.  L.  should  join  your  Orator  I.  L. 
jun.  hi  a  bond  for  securing  the  said  sum  of  £  to  the  said  T.   C. 

And  your  Orators  shew,  that  Mr.  H.  the  attorney  of  the  said  T.  C.  liav- 
ingby  his  directions  prepared  a  common  money-bond,  from  your  Orators 
t>  him  the  said  T.  C.  for  the  payment  of  the  said  sum  of  £  ,  and 
interest,  your  Orator  I.  L.  objected  thereto,  and  desired  to  have  the 
tiansacJion  stated  in  the  bond,  to  which  the  said  T.  C.  answered,  that  it 
mattered  nothing  between  them,  but  your  said  Orator  not  being  satisfied 
with  such  answer,  desired  the  said  Mr.  H.  to  make  a  minute  in  writing 
of  the  consideration  for  which  the  bond  was  really  given  as  aforesaid,  and 
the  said  Mr.  H.  accordingly  made  such  minute  in  writing,  with  the  con- 
sent of  the  said  T.  C.  and  then  read  the  same  over  to  your  Orators,  and 
the  said  T.  C.  who,  iipon  hearing  it,  observed,  that  it  was  perfectly  right, 
and  your  Orators  then  executed  the  said  bond,  which  bears  date,  In  or 
about  the  tnonth  of  .     And  your,  &c.  (hat  upon  the  execu- 

tion of  the  said  bond,  your  Orators  entered  into  the  occupation  of 
the  said  farms,  and  have  ever  since  occupied  the  same,  but  the  said 

T.  C.  never  made  or  executed  any  actual  assignment  of  his  said  pretended 
Interest  therein,  to  your  Orators  or  either  of  them.  And  your,  &c.  that 
the  said  T.  C.  some  time  in  the  month  of  ,  departed  this 

life,  having  first  duly  made  and  published  his  last  will  and  testament  in 
writing,  and  thereof  appointed  E.  T.  of,  &:c.  and  A.  G.  of,  &c.  the 
Defendants  hereinafter  named,  executors  of  his  will,  who  thereupon  duly 
proved  the  same  hi  the  proper  Ecclesiastical  Court,  and  undertook  the 
executorship  thereof,  and  thereby  became  his  legal  [)ersonal  representa 
tives.     And  your  Orators  shew,  that  in  the  month  of  last,  the 

said  E.  T.  as  steward  of  the  said  F.  S.  served  your  Orators  with  a  notice 
to  quit  the  said  farms  at  the  end  of  the  then  current  year,  insisting,  as  the 
fact  appears  to  be,  that  the  said  T.  C  was  only  tenant  from  year  to 
year  of  the  said  farms,  and  had  no  power  to  dispose  of  the  same  to 
your  OratoiN,  for'the  residue  of  the  said  term  of  years.  And  your  Ora- 
tors shew  tliat  the  said  bond  for  £  and  interest  having  therefore 
been  given  by  your  Orators  to  the  said  T.  C.  without  consideration,  and 
by  reason  of  the  false  representations  of  the  said  T.  C.  that  he  had  such 
interest  in  the  said  farms  as  aforesaid,  your  Orators  have,  by  them- 
selves and  their  agents,  repeatedly  applied  to  the  said  E.  T.  and  A.  G. 
and  have  requested  them  to  deliver  up  to  your  Orators  the  aforesaid  bond 
to  be  ainrelkd.     And  your  Orators  well  hoped,  &c.     And  although 


238  BILLS  TO  CANCEL  DEEDS,  icc 

the  said  Defendants  well  know  that  the  said  bond  was  given  by  youi- 
Orators  as  a  consideration  for  the  supposed  interest  of  the  said  T.  C.  in 
the  said         farms,  for  the  residue  of  the  said  term  of  years,  yet 

Defendants  have  lately  commenced  an  action  at  law  in  his  Majesty's 
Court  of  K.  B.  by  special  testatum  capias  upon  the  said  bond,  and  have 
caused  your  Orators  to  be  held  to  bail  thereon,  and  the  said  Defendants 
threaten,  and  intend  to  proceed  to  judgment  and  execution  on  the  said 
bond,  unless  they  are  restrained  therefrom  by  theinjuncfion  of  this  honor- 
able  Court.     To  the  end  therefore,  &c. 

J.  L. 
N.  B.  The  prayer  will  be,  for  the  bond  to  be  delivered  up,  and  an 
injunction  to  restrain  proceedings  at  law. 


241 

SECT.  XH. — BILLS  FOR  BOND  CUEDITORS,  &C. 


Bill  by  Bond  and  Simple  Contract  Creditors  against  an 

Executor. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  T.  C.  of, 
&c.  and  P.  M.  of,  &c.  executors  of  the  last  will  and  testament  of 
R.  B.  late  of,  &c.  clerk,  deceased,  and  as  such  bond  and  simple  contract 
creditors  of  I.  T.  late  of,  &c.  deceased,  and  also  your  Oratrix  M.  N.  of, 
&c.  another  creditor  of  the  said  I.  T.  by  simple  contract,  on  behalf  of 
themselves,  and  all  other  the  creditors  of  the  said  I.  T.  who  shall  come 
in  and  seek  relief  by  and  contribute  to  the  expense  of  this  suit,  that  the 
said  I.  T.  having  borrowed  of,  or  being  indebted  unto  the  said  R.  B.  in 
the  sum  of  £  ,  he,  for  securing  the  payment  thereof  with  lawful 

interest  for  the  same,  duly  executed  a  bond  or  obligation  in  writing, 
bearing  date,  whereby  he  bound  himself,  his  heirs,  executors,  and  ad- 
ministrators, unto  the  said  R.  B.  his  executors,  administrators,  or  assigns, 
of  the  said  sum  of  ^  ,  with  interest  for  the  same,  at  the  rate  of 

£  per  cent,  per  annum,  at  a  time  therein  mentioned,  and  long  since 
past,  as  in  and  by,  &c. 

That  the  said  principal  sum  of  £  and  all  the  interest  thereof, 

from  the,  &c.  now  remains  justly  due  and  owing  by  virtue  of  the  said 
bond. 

That  the  said  I.  T.  on  or  about,  &c.  having  occasion  to  borrow  a  cer- 
tain sum  of  money,  on  that  day  wrote  and  sent  a  letter  to  tlie  said  R.  B. 
by  C.  R.  then  the  said  I.  T.'s  clerk,  the  said  I.  T.  being  an  attorney,  in 
the  words  and  figures  following,  (that  is  to  say,)  &c.  and  in  consequence 
of  such  letter,  the  said  R.  B.  did,  on  the,  &c.  advance  unto  the  said  C.  R. 
for  the  use  of  the  said  I.  T.  the  further  sum  of  £  ,  for  which  the 

said  C.  R.  signed  and  gave  a  receipt  lo  the  said  R.  B.  in  the  words 
and  figures  following,  that  is  to  say ;  as  in  and  by  the  said  letter  and 
receipt,  &c. 

That  the  said  sum  of  £  ,  and  ail  interest  thereon,  now  remain 

justly  due  and  owing  by  virtue  of  the  said  letter  and  receipt. 

That  the  said  I.  T.  having,  on  or  about,  &c.  occasion  to  borrow  a  cer- 
tain sum  of  money,  he  on  that  day  wrote  and  sent  by  tiie  said  R.  C.  his 
clerk,  to  Oratrix,  in  the  words  and  figures  following,  that  is  to  say,  &c. 
in  consequence  of  which,  Oratrix,  did,  on,  &c.  advance  unto  the  said 
R.  C.  for  the  use  of  the  said  I.  T.  the  sum  of  £  ,  for  which  the  said 

R.  C.  then  gave  Oratrix  the  following  receipt,  tliat  is  to  say,  Sec.  as  in 
and  by  the  said  letter  and  receipt,  &c. 


242  BILLS    FOR    BOND    CREDITORS,    &C. 

That  the  said  I.  T.  departed  tliis  life,  on  or  about,  Sec.  intestate,  being 
indebted  to  the  said  R.  B.  and  Oratrix  in  such  sums  as  aforesaid,  and  to 
some  other  persons,  and  lie  left  M.  T.  the  widow,  and  M.  T.  the  younper, 
his  only  child  and  heir  at  law,  and  soon  after  his  death,  letters  of  his  per- 
sonal  estate  and  efiects  were  granted  to  the  said  M.  T.  the  widow,  by 
the  proper  Court. 

That  the  said-  I.  T.  was  at  the  time  of  his  death  possessed  of.  or 
entitled  to  a  considerable  personal  estate,  and  seised  or  entitled  in  fee- 
simple,  of,  or  to  divers  freehold  messuages,  lands,  tenement?,  and  heredi- 
taments, situate.  Sec.  of  large  yearly  value  in  the  whole;  and  she  the  said 
M.  T  the  widow,  possessed  all  the  said  personal  estate  and  effects,  or 
so  much  thereof  as  she  was  able.  And  she  the  said  M.  T.  the  younger, 
or  one  of  them,  entered  on  the  said  real  estate,  and  ever  since  have  or 
hath  been,  and  now  are  or  is  in  possession  of  the  receipt  of  the  rents  and 
profits  thereof. 

That  the  said  R.  B.  departed  this  life,  on  or  about,  cSl'c.  having  before 
his  death  duly  made  and  published  his  last  will  and  testament  in  writing, 
bearing  date,  &c.  and  thereby  gave  all  the  residue  of  his  pci^-oiial  estate, 
ante  Plaintiffs,  equally  to  be  divided  between  them,  and  appointed  them 
executors  thereof. 

That  shortly  after  his  death,  they  proved  the  same  in  the  Consistory 
Court  of  the  bishop  of  N.  and  thereby  became,  and  now  are  entilled  to 
the  sums  of  money  due  to  the  said  R.  B.  as  aforesaid.  And  IMaintiOs 
have  at  several  times  applied  to  the  said  M.  T.  the  widow,  and  M.  T.  the 
younger,  to  pay  the  said  several  sums  of  money  due  to  Plaiatifis  respec- 
tively as  aforesaid.     And  Plaintiffs  well  hoped.  Sec.     But  now,  &:c. 

Pretend,  that  the  said  I.  T.  did  not  execute  such  bond  as  aforesaid, 
and  that  neither  he,  nor  tlie  said  C.  R.  signed  such  writings  as  aforesaid, 
or  eitlier  of  them,  and  that  no  such  sums  as  aforesaid  were  really  advan- 
ced or  lent  to,  or  received  by  him  the  said  I.  T.  or  that,  he  in  his  life-time 
fully  paid  and  satisfied  all  such  sums,  and  all  the  interest  thereof,  and  that 
therefore  no  money  was  reimining  due  from  him,  in  respect  thereof,  at 
the  time  of. his  death. 

Charge  contrary,  and  so  the  said  Defendants  will  at  other  times  admit, 
but  then  the  said  M.  T.  the  widow,  pretends,  that  the  personal  estate  and 
effects  which  the  said  L  T.  was  possessed  of,  entilled  to,  or  interested  in, 
at  the  time  of  his  death,  were  but  of  inconsiderable  value  in  the  whole, 
and  that  only  some  small  part  thereof  was  possessed  by  her  the  said 
M.  T.  the  widow,  or  by  her  order,  or  for  her  use,  and  not  near  su/Ticient 
to  satisfy  Flainlilfs'  said  demands. 

Charge  contrary,  and  particularly,  that  he  w  as  at  the  time  of  his  deatli 
possessed  of  divers  messuages,  &:c.  for  some  long  term  of  years,  at  small 
rents,  and  that  the  said  M.  T.  the  widow,  is  now  in  the  possession  and 


BILLS    FOR    BOND    CREDITORS,    Scc.  2-13 

receipt  of  the  rents  and  profils  of  all  such  messuages,  &:c.  unless  she  has 
sold  the  same,  in  which  case  a  large  sum  of  money  has  been  received 
by  her,  or  by  her  order,  or  for  her  use,  as  a  consideration  for  the  sale  thereof, 
and  he  was  also  entitled  to  considerable  suras  of  money  due  on  bonds, 
mortgages,  and  other  seciuities ;  but  in  order  to  conceal  the  real  value  of 
such  personal  estate,  the  said  M.  T.  the  widow,  hath  not  exhibited  inlo 
the  proper  Ecclesiastical  Court,  or  caused  to  be  made,  any  appraisement 
or  inventory  thereof,  or  if  any  such  were  exhibited  or  made,  llie  same 
was  defective,  and  many  particulars  of  the  personal  estate  which  he  was 
really  possessed  of  at  time  of  his  death,  were  wholly  omitted  therein, 
and  most  of  the  particulars  which  are  contained  in  such  appraisement  or 
inventory,  are  therein  apj)raised  at  sums  much  less  than  the  same  respec- 
tively were  really  worth,  or  than  they  were,  or  might  have  been  afterwards 
sold  for.  And  Plaintifls  are  advised  that  the  personal  estate  of  the  said 
I.  T.  ought  to  be  first  applied  to  pay  the  whole  of  the  debts  owing  by 
him  at  the  time  of  his  death,  on  specialty,  in  preference  to  all  his  debts 
on  simple  contract,  and  that  if  such  personal  estate  be  not  sufficient  to 
pay  the  whole  of  his  debts,  then  Plaintiffs  and  his  other  specialty  credi- 
tors are  by  law  entitled  to  be  paid  the  remainder  thereof  out  of  his 
freeliold  estate,  and  Oratrix  and  his  other  creditors  on  simple  contract  are 
entitled  in  equity  to  a  satisfaction  of  their  respective  debts  out  of  his 
f;-eehoId  estate,  so  far  as  iiis  personal  estate  may  be  exhausted  by  his  spe- 
cialty creditors  to  the  prejudice  of  his  creditors  on  simple  contract,  and 
such  real  estate  ought  to  be  sold,  and  the  rents  and  profits  thereof  receiv- 
ed since  his  death  ought  to  be  accounted  for.  But  then  the  said  M.  T. 
the  widow,  and  xM.  T.  the  younger, 

Pretend,  that  most  of  the  messuages,  &'c.  whereof  the  said  1.  T,  was 
in  possession  at  the  time  of  his  death,  are  copyhold,  and  that  such  parts 
thereof  as  are  freehold  were  settled  for  the  benefit  of  them,  or  one  of 
them,  and  that  therefore  no  part  thereof  is  subject  to  the  payment  of  his 
debts,  either  in  law  or  equity. 

Charge  contrary,  and  that  the  said  Defendants  refuse  to  discover  the 
particulars  and  nature  of  such  messuages,  &c,  or  the  particulars  of  any 
settlement  or  settlements.  And  at  some  times,  the  said  M.  T.  the  widow 
claims  to  be  entitled  to  dower  out  of  all,  or  some  part  of  such  freehold 
estates.  Plaintiffs  insist  that  she  is  not  entitled  to  dower  out  of  any  part 
thereof,  the  said  I.  T.  having  only  an  efjuitable  estate  therein,  or  some 
other  estate  whereof  she  is  not  dowable. 

Claim  some  other  right  or  interest  to  or  in  the  said  freehold  messuages, 
&c.  or  part  thereof,  but  they  refuse  to  discover  the  particulars  thereof, 
or  how  or  in  what  manner  they  make  out  the  same. 

Pretend,  that  there  are  or  is  some  other  mortgages,  &c. ;  and  under 
such  or  the  hke  pretences,  or  others  equally  unjust  and  unreasonable. 


244  BILLS    FOR    BOND    CRECITORS,    ^C. 

they  the  said  M.  T.  the  widow,  and  the  said  M.  T.  the  younger,  refuse 
to  pay  the  monies  due  to  Plaintiffs  respectively  as  aforesaid,  or  any  part 
thereof,  or  to  sell  the  said  freehold  messuages,  &c.  or  any  part  thereof, 
for  such  purpose.  And  they  having  got  into  their  possession,  custody,  or 
power,  the  deeds  and  writings  relating  thereto,  they  refuse  to  produce 
the  same.     All  which,  &c.     To  the  end,  &c. 

Prayer. 

That  an  account  may  be  taken  of  the  money  due  to  Plaintiffs  re- 
spectively for  principal  and  interest  as  aforesaid,  and  of  the  other 
debts  owing  by  the  said  I.  T.  at  the  time  of  his  death  ;  and  als6 
an  account  of  the  personal  estate  and  effects  of  the  said  I.  T.  pos- 
sessed or  received  by,  or  by  the  order,  or  for  the  use  of  her  the 
said  M.  T.  the  widow ;  and  that  such  personal  estate  may  be  ap- 
plied in  payment  of  his  debts  in  a  course  of  administration,  and 
that  the  remainder  of  such  debts  may  be  paid  out  of  his  real  estate, 
and  the  rents  and  profits  thereof  become  due  since  his  death,  and 
possessed  or  received  by,  or  by  the  order,  or  for  the  use  of  thera 
the  said  M.  T.  the  widow,  and  M.  T.  the  younger,  or  either  of  them, 
and  that  for  that  purpose  such  real  estates,  or  a  competent  part 
thereof,  may  be  sold,  and  that  all  proper  parties  may  join  in  such 
sale,  and  that  an  account  may  be  taken  of  all  sucli  rents  and  profits  ; 
and  in  order  to  such  sale,  that  all  the  tille-deeds  and  writings  relat- 
ing to  such  real  estates  may  be  produced.  And  for  further  relief, 
&c. 

R.  P. 


Bill  by  a  Bond  Creditor  against  Trustees,  under  an  As- 
signment of  joint  and  separate  Debts  for  an  Account 
of  separate  Estate  of  Obligor^  and  to  be  jmid,  pari 
passu,  with  the  other  Creditors,  and  also  an  Account 
of  the  joint   Trust  Property. 

States,  that  t'le  Defendants  J.  S.,  &c.  who  had  for  some  time  carried 
on  the  trade  or  business  of  bankers  in  copartnership  together,  in  New 
Bond-street  aforesaiti,  under  the  stile  or  firm  of  Messrs.  S.  and  Co.  did, 
in  or  about  the  month  of  ,  become  embarrassed  in  their  circum- 

stances, and  stopped  payment. 

That  by  a  certain  indenture  of  bargain  and  sale  and  assignment,  of 
three  parts,  bearing  date,  &c.  and  duly  made  and  executed  by  and  be- 


BILLS  FOR  BOND  CREDITORS,  &C.  245 

tween  (the  Defendants,  the  bankers,  assigned  over  their  estates  and  pro- 
perty to  Defendants  T.  &c.  the  trustees,  for  the  benefit  of  creditors,  and 
upon  the  trusts  therein  mentioned.) 

That  by  a  certain  other  indenture,  bearing  date  on  or  about  the  , 
and  duly  made  and  executed  by  and  between,  &c.  (a  further  assignment,) 
as  in  and  by,  &c. 

That  Plaintiff  was  a  party  to,  and  signed  the  said  trust  deed  as  a  joint 
creditor  of  the  said  Defendants  J.   S.  &c.  for  the  sum  of  £  and 

upwards,  which  was  then  justly  due  and  owing  to  Plaintifl'  from  ihcm 
on  ihe  balance  of  his  banking  account. 

That  he  was  at  the  same  time  a  joint  and  separate  creditor  of  the 
said  Defendants  J.  S.  &:c.  upon  the  joint  and  several  bonds  of  the 
said  J.  S  ,  Sec.  together  with  one  G.  T.  S.,  who  was,  at  the  time  of 
executing  of  such  bond,  carrying  on  trade  and  commerce  in  co- 
partnership with  the  said  Defendants  J.  S.  &c.  conditioned  for  re-trans- 
ferring to  Plaintiff  at  the  time  therein  mentioned,  and  long  since  past, 
the  sum  of  £  of  certain  stock  therein  mentioned,  which  Plaintiff 
had  lent  to  the  said  banking-house,  for  payment  in  the  mean  time  to 
Plaintiff  of  the  dividends  that  would  have  accrued  due  to  Plaintiff  on 
the  said  stock,  if  the  same  had  not  been  transferred  by  him. 

That  the  said  Defendants  I.  T.  Sec.  took  upon  themselves  the  execu- 
tion of  the  said  trusts,  and  by  virtue  thereof  possessed  themselves  oC 
all  the  said  trust  property,  and  have  by  sale  thereof,  and  by  collecting  in 
the  debts  due  to  the  said  banking-house  and  otherwise,  received  monies 
to  a  very  large  amount. 

That  the  said  trustees  never,  until  the  month  of  last,  made  any 

dividends  of  the  said  trust  effects,  and  then  divided  only  in  the 

pound  to  the  joint  creditors  of  the  said  banking-house. 

That  they  had  long  before  in  their  hands  a  much  larger  sum  of  the 
joint  property  than  was  necessary  to  have  made  a  much  more  consider- 
able dividend,  and  they  have  also  long  had,  and  now  have  in  their  hands, 
very  large  sums  of  money  arising  from  the  separate  estates  and  effects 
of  the  said  Defendants  J.  S.  &c.  and  particularly  of  the  said  Defendant 
J.  S.,  but  all  such  monies  being  deposited  in  the  banking-house  of,  &c. 
of  which  the  said  Defendant  I.  T.  is  a  partner,  and  the  said  I.  T.  being 
the  trustee  who  has  chiefly  acted  in  the  said  trust,  monies  have  been  per- 
mitted to  remain  in  the  said  banking-house  of  the  said  Messrs.  &c.  with 
a  view  to  the  private  advantage  of  the  said  banking-house. 

That  the  trust  funds  in  the  hands  of  the  said  trustees  would  have 
been  greatly  increased,  but  that  the  said  trustees,  under  pretence  of  some 
custom  or  usage  amongst  bankers  as  to  short  bills,  paid  over  to  certain 
country  bankers,  or  permitted  them  to  receive  the  same,  several  sums  of 
money,  amounting  in  the  whole  to  £         and  upwards. 


2^  BILLS  FOR  BOND  CUKDIIORS,  icc. 

That  such  payments  were  matie  with  a  view  to  give  a  prelercuce  to 
such  country  bankers,  or  some  of  them,  with  whom  the  said  trustees,  or 
some  or  one  of  them,  were  c^was  in  some  manner  connected. 

That  there,  are  various  parts  of  the  said  trust  effects,  to  tlie  amount  of 
£  and  upwards,  which  have  not  been  received,  and  by  reason  o(  the 
negligence  of  the  said  trustees,  have  become  in  a  doubtful  state. 

That  it  was  not  required  or  expected  that  the  creditors  of  the  said 
Defendants  J.  S.  Sec.  who  had  security  for  their  debts,  should  become 
parties  to  the  said  trust  indentures,  and  Plaintiff  therefore  having,  in  re- 
spect of  the  said  joint  and  several  bond  of  the  said  J.  S.  &:c.  a  collate' 
ral  security  by  the  assignment  of  certain  mortgages  on  the  property  of 
P.  B.  esq.  at,  &c.  and  by  a  lien  on  an  assignment  of  certain  legacies 
payable  at  the  death  of  a  Mr.  A.,  and  known  in  the  transactions  of  the 
said  house  of  S.  and  Co.  by  the  term  of  the  Berkihire  legacies ;  Plain- 
tiff had  been  party  to  the  said  trust  indentures  only  in  re.'pect  of  tl|e 
sum  of  £  and  upwards,  due  to  him  on  the  balance  of  his  banking 
account,  and  not  in  respect  of  the  said  joint  and  several  bond  of  the 
said  house. 

That  learning  that  the  said  Defendants  I.  T.  &c.  had  in  their  hands 
very  large  sums  of  money  arising  from  the  separate  estate  of  the  said 
Defendant  J.  S.  unapplied  by  them  to  the  purpose  of  their  trust.  Plain- 
tiff, as  a  sejjarate  creditor  of  the  said  Defendant  J.  S.  by  virtue  of  the 
said  joint  and  separate  bond,  caused  the  same  to  be  attached  in  tiic  hands 
of  the  said  trustees,  by  a  proceeding  in  the  lord  mayor's  court  of  Lon- 
don, in  or  about  the  month  of 

That  PlaintitYafterwards  withdrew  the  said  attachment,  in  consequence 
of  two  agreements  in  writing,  one  of  which  was  signed  by  the  said  De- 
fendants L  T.  &c.  and  the  other  of  which  was  signed  by  W.  L.  as  the 
solicitor  of  your  Orator,  and  such  agreements  were  in  the  words  and 
figures,  or  to  the  purport  and  effect  Adlowing,  that  is  to  say,  [state  them,) 
as  in  and  by,  Sec. 

That  although  the  said  trustees  did  in  the  month  of  in  tiie  said 

agreement  mentioned,  declare  the  said  trust  to  be  perfected,  and  did 
then  make  such  divideml  of  in   the  pound,  on  the  joint  estate  as 

herein  before  stated,  yet  the  said  trustees  have  rendered  n©  account  to 
Plaintiff  of  the  separate  estate  of  the  said  Defendant  J.  S.,  nor  have 
made  to  him  any  payment  in  respect  of  his  said  bond,  altliough  they 
have,  and  then  had  in  their  hands,  much  more  than  sufficient  to  pay 
Plaintiff  in  full  in  respect  of  his  said  bond,  and  to  pay  in  full  all  other, 
if  any,  the  separate  creditors  of  the  said  Defendant  J.  S. 

That  he   hath  by   himself  and  his  agents,  since  the  said         day  of 

repeatedly  applied  to,  and  requested  the  said  Defendants  I.  T. 

S:c.  to  come  to  a  just  and  fair  account  with  Plaintiff,  in  respect  of  the 


BILLS  FOR  BOND  CREDITORS,  SlC  247 

separate  estate  of  tlie  said  Defendant  J.  S.  and  to  pay  to  Plaintiff  what 
is  due  to  liim  on  the  said  bond  pari  passu,  with  the  other  separate  cre- 
ditors of  the  said  Defendant  J.  S.,  and  Plaintiff  hath  in  like  manner  ap- 
plied to  the  said  Defendants  to  come  to  a  just  and  fair  account  with 
Plaintiff  and  the  other  creditors  who  were  parties  to  the  said  trust,  for 
all  other  the  sums  of  money  received  by  them,  or  eitiier  of  them,  under 
and  bv  virtue  of  the  said  trusts.  And  Plaintiff  well  hoped,  &:c.  Pre- 
tence insufficiency. 

Charges  contrary,  &c.  and  so  it  would  appear  if  the  said  Defendants 
the  trustees  would  set  forth,  as  they  ought  to  do,  a  full,  true,  and  par- 
ticular account  of  all  and  every  the  said  trust  estates  and  effects  pos- 
sessed or  received  by  them,  or  any,  or  either  of  them,  or  which,  but  for 
their  wilful  default,  they  might  have  possessed  or  received,  and  of  their 
application  thereof. 

Charges,  that  the  said  Defendant  J.  A,,  party  to  the  said  trust  inden- 
tures, had,  before  the  making  thereof,  been  found  and  declared  a  bank- 
rupt, and  an  assignment  of  his  estate  and  effects  had  been  made  to  the 
said  Defendants  E.  H.  and  T.  S.  together  with  IT.  E.  of,  &c.  but  9i 
the  time  of  executing  the  said  trust  indentures,  it  was  expected  that  the 
said  commission  would  be  superseded,  and  it  was  thereby  provided,  that 
if  the  said  commission  was  not  superseded  within  a  certain  time  therein 
mentioned,  and  long  since  past,  that  the  said  indentures  should  be  con- 
sidered as  void  against  the  said  Defendant  J.  A.  but  should  nevertheless 
be  in  full  force  with  respect  to  all  other  the  parties  thereto,  or  to  such 
effect. 

Charges,  that  the  said  H.  E.  was  soon  afterwards  removed  from  being 
such  assignee,  and  the  said  Defendant  I.  T  hath  been  duly  chosen  as- 
signee in  his  stead,  and  a  proper  assignment  of  the  estate  and  effects  of 
tiie  said  Defetidant  J.  A.  hath  been  executed  unto  the  said  I.  T.,  toge- 
ther with  the  said  Defendants  E.  H.  and  J.  S. 

Charges,  that  the  said  Defendants  E.  II.,  J.  S.,  and  I.  T.,  as  such  as- 
signees or  otherwise,  claim  to  be  interested  in  the  execution  of  the  trusts 
of  the  said  indentures. 

Charges,  that  the  said  Defendant  J.  S.  is  now  resident  at  IM.  in  the 
Easi  Indies,  and  the  said  Defendant  G.  P.  at  the  island  of  M.  or  at  some 
other  places  beyond  the  seas,  out  of  the  Jurisdiction  of  this  Court.  All 
which,  &c.     {Interrogate,  S^c.) 

Prayer. 

And  that  the  said  Defendants  may  set  forth  a  full,  true,  and  particular 
account  of  all  and  every  the  said  trust  estate  and  effects,  and 
all  the  particulars  whereof  the  same  consisted,  and  the  quantities, 
qualities,  full,  real,  and  true  values  of  all  and  every  soch  particu- 


248  BILLS  FOR  BOND  CREDITORS,  &Ci 

lars  which  have  been  possessed  or  received  by,  or  come  to  the 
hands  of  the  Defendants  the  trustees,  or  of  any  other  person  or 
persons  by  their,  or  any  of  their  order,  or  for  their,  or  any  of 
their  use ;  and  how  and  in  what  manner,  and  when,  and  where, 
and  by,  and  to  whom,  and  for  how  much  the  same  and  every  part 
thereof  have  been  sold  and  disposed  of,  and  what  parts  thereof,  and 
to  what  value  and  amount,  now  remain  undisposed  of,  and  what  are 
become  thereof.  And  that  the  said  Defendants  may  answer  the  pre- 
mises. And  that  an  account  may  be  taken  of  the  separate  estate  and 
effects  of  the  said  Defendant  J.  S.  which  have  been  possessed  and 
received  by  the  said  Defendants  the  trustees,  and  also  an  account  of 
the  separate  debts  of  the  said  Defendant  J.  S.  and  that  Plaintiff  in 
respect  of  his  aforesaid  bond  may  be  paid  from  the  separate  estate  of 
the  said  Defendant  J.  S.  pari  passu,  with  his  other  separate  creditors. 
And  that  the  said  deed  of  trust  may  also  in  all  other  respects  be 
established  and  carried  into  execution,  by  and  under  the  direction  of 
»  this  Court,  and  that  an  account  maybe  taken  of  all  and  every  other 
the  trust  estate  and  effects  which  iiave  come  to  the  hands  of  the 
said  Defendants  the  trustees^  or  of  any  or  either  of  them,  or  of  any 
other  person  or  persons  by  their,  or  any  or  either  of  their  order, 
or  for  their,  or  any  or  either  of  their  use,  or  which,  without  their 
wilful  neglect  or  default,  might  have  been  received  by  them.  And 
that  an  accoimt  may  also  be  taken  of  the  payments  and  disburse- 
ments of  the  said  Defendants  the  trustees,  for  and  in  respect  of  the 
matters  aforesaid,  and  that  some  proper  person  may  be  appointed 
to  receive  and  get  in  the  outstanding  joint  and  separate  estate  and 
effects  of  the  parties  aforesaid.     And  for  further  relief. 


Bill  by  a  Bond  Creditor  against  Executor  of  Obligor 
for  satisfaction  out  of  real  and  personal  Estate^  and 
against  Co-obligor,  to  supply  the  Deficiency. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orators  A.  S. 
and  R.  P.,  both  of,  &c.  bankers  and  copartners,  that  T.  T.  late  of,  &c. 
deceased,  and  F.  J.  of  the  same  place,  hosier,  the  said  T.  T.  and  F.  J» 
being  in  the  said  T.  T.'s  life-time  copartners  in  trade,  in  or  about  ihe,  &c. 
having  occasion  for  the  sum  of  £  ,  applied  to  and  requested  your 

Orators  to  lend  them  the  same,  and  your  Orators  lent  and  advanced  them 
such  sum  of  c£  ,  and  for  securing  the  repayment  thereof  with  interest, 
the  said  T.  T.  and  F  J  executed  a  bond  to  your  Orators,  bearing  date, 
&c.  whereby  they  l)ound  themselves,  <^-c.  (state  bund  in  the  usual  way,) 
as  in  and  by,  d'c.    And  your,  Arc.  that  the  said  T.  T.  and  F.  J.  or  either 


BILLS    FOR    BOND    CREDITORS,    &C.  249 

of  them,  did  not  pivy  unto  your  Orators  the  said  principal  sum  of  £  , 
or  any  part  thereof  at  the  time  mentioned  in  the  condition  of  the  said 
bond,  or  afterwards,  and  the  said  principal  sum  and  an  arrear  of  interest 
for  the  same  remained  due  to  your  Orators  on  the  said  bond  from  the 
said  T.  T.  and  F.  J.  at  the  time  of  the  death  of  the  said  T.  'T.  and  still 
remains  due  to  your  Orators.  And  your,  &c.  that  the  said  T.  T.  was  in 
his  life-time,  and  at  the  time  of  his  death,  seised  in  fee-simple  of,  or  well 
entitled  to,  some  freehold  messuage,  lands  and  tenements,  subject,  as  it- 
is  alleged,  to  some  mortgage  or  mortgages  of  part  thereof,  and  seised  to 
him  and  his  heirs  of,  and  well  entitled  to,  certain  copyhold  messuages, 
cottages,  and  tenements,  according  to  the  custom  of  the  manor  of  which 
the  same  were  holden,  and  which  had  been  surrendered  by  him  to  the 
uses  of  his  will;  and  possessed  of,  and  well  entitled  to,  or  interested  in  a 
very  considerable  personal  estate,  consisting  of,  &c.  and  of  divers  other 
efifects,  to  a  considerable  aniount  or  value  in  the  vvlwle  ;  and  being  so, 
seised  of  or  entitled  to  such  freehold  and  copyhold  estates,  and  being  of 
sound  and  disposing  mind,  memory,  and  understanding,  the  said  T.  T.  in 
or  about,  &c.  duly  made  and  published  his  last  will  and  testament,  in 
writing,  and  which  was  signed  and  published  by  him,  and  attested  in 
such  manner  as  by  law  is  required  for  devising  freehold  estates  of  inhe- 
ritance and  he  thereby  first  ordered  and  diiected  that  all  his  just  debts 
should  be  fully  paid  and  satisfied,  and  subject  thereto  he  gave  and  de- 
vised, &c.  (stale  loill)  as  in  and  by,  «fec.  And  your,  &c.  that  the  said 
Testator  departed  this  life  in  or  about  ,  without  having  revoked  or 

altered  his  said  will,  without  issue,  leaving  the  said  S.  T.  his  wife,  and 
the  said  M.  T.  his  sister  and  heir  at  law,  and  also  his  heir  by  the  custom 
of  the  manor  of  wliich  his  said  copyhold  estates  were  holden  ;  and  the 
said  S.  T.  upon  or  soon  after  his  death,  duly  proved  the  said  will  in  the 
Exchequer  Court  of  York,  being  the  proper  Ecclesiastical  Court,  and 
took  upon  himself  the  execution  thereof;  and  she,  or  some  person  on 
her  behalf,  or  with  her  permission,  by  virtue  of  the  said  will  or  the  pro- 
bate thereof,  upon  or  soon  after  the  said  Testator's  death,  entered  upon, 
and  took  possession  of,  all  his  freehold  estates  by  his  said  will  devised  to 
her  for  her  life,  and  of  v.  hich  she  hath  ever  since  been,  and  now  is,  in 
possession,  and  in  the  receipt  of  the  rents  and  profits  thereof,  and  pos- 
sessed himself  or  herself  of  all  the  personal  estate  and  efTect?.  of  the  said 
Testator  to  a  very  considerable  amount  ;  and  she  thereout,  or  out  of 
the  produce  thereof,  paid  the  said  Testatoi's  funeral  expenses,  and  all, 
or  most  of  his  debts,  your  Orator's  said  debt  excepted ;  and  the  said 
JVI.  T.  and  the  said  Testator's  mother,  upon  or  soon  after  his  death, 
entered  upon  and  took  possession  of  the  said  co|)yhold  messuage  or 
tenement  devised  to  her  for  her  life  as  aforesaid.  And  your,  &c.  that 
the  said  principal  sum  of  ,£  remaining  due  and  owing  to  your  Ora- 

-tors,  with  an  arrear  of  interest,  and  your  Orators  having  frequently  since 

.83 


250  BILLS  FOR  liOiND  CUKDiTORS,  &,C. 

tlie  said  Testator's  death,  by  themselves  and  then-  agents,  applied  to  the 
said  S.  T.  as  his  personal  representative,  and  requested  her  to  pay  the 
said  bond-debt  and  interest.  And  yonr  Orators  well  hoped  tliat  she 
would  have  paid  the  same  accordingly,  and  that  in  case  of  any  deficiency 
of  the  said  Testator's  personal  estate,  the  same  would  have  been  an- 
swered and  made  good  out  of  the  said  freehold  and  copyhold  estates,  as 
injustice  and  equity  ought  to  have  been  the  case.  But  now  so  it  is,  &c. 
absolutely  refuses  so  to  do.  And  pretends  that  the  said  Testator  at  the 
time  of  his  death  was  indebted  to  several  persons  besides  your  Orators, 
on  bonds  and  specialties,  and  otherwise,  in  several  considerable  sums  of 
money,  and  that  the  said  Testator's  personal  estate  and  eflects  which 
have  been  paid  by  her  order,  or  for  her  use,  were  inconsideiable  and  in- 
sufficient to  answer  and  satisfy  such  oilier  debts  by  specialty,  and  the 
said  Testator's  funeral  expenses  and  testamentary  charges,  and  other 
charges  respecting  the  administration  of  his  estate  and  effects,  and  some 
of  his  debts ;  and  she  also  pretends,  that  there  is  not  any  part  of  the 
said  Testator's  personal  estate  and  effects  outstanding  and  undisposed  of, 
or  unpossessed  of,  or  unadministered  by  her,  except  what  may  be  coming 
from  the  said  F.  J.  in  respect  of  the  said  copartnership  in  which  the  said 
Testator  was  engaged  with  him,  and  that  she  hath  used  her  best  endea- 
vours, and  taken  all  due  care  and  diligence  to  settle  the  accounts  of  the 
said  copartnership  with  the  said  F.  J.  to  obtain  payment  from  him  of 
what  is  coming  tlierefrom  to  t!ie  said  Testator's  estate,  but  hath  not  been 
able  as  yet  so  to  do.  And  she  also  pretends,  that  the  said  Testator  was 
not,  at  the  time  of  his  death,  seised  of  or  entitled  to,  or  interested  in, 
any  fr<  ch.«ld  lands,  tenements,  or  hereditamerits,  or  if  he  was,  that  she 
or  any  j^erson  on  her  behalf,  or  claiming  under  her,  has  not  been,  nor 
is  in  possession  of  the  rents  and  profits  tliereof,  or  at  least  that  she  is 
entitled  to  the  rents  and  profits  thereof  for  her  life.  And  your  Orators 
having  in  Easter  term  last,  brought  an  action  on  the  said  bond  against 
the  said  Defendant  J.  T.  as  executrix  as  aforesaid,  in  his  Majesty's 
Court  of  K.  B.  at  Westminster,  the  said  Defendant  liath  put  in  a  plea  to 
the  said  action,  and  pleaded  that,  &c.  and  thereupon  the  said  A.  S.  and 
D.  S.  who  survived  the  said  IM.  S.,  lor  the  recovery  of  the  said  debt, 
in  Easter  term  aforesaid  impleaded  tiie  said  Defendant  as  executrix  of 
the  said  T.  T.  for  the  sum  of  X  upon  the  said  writing  obhgatorv  iu 
the  saiil  Court  of  K.  B.,  and  stand  judgment  against  her,  and  that  the 
said  judgment  remained  unsatisfied,  and  that  the  money  secured  by  the 
said  bond  remains  due  and  owing  to  the  said  A.  S.  and  D.  S.  as  surviv- 
ing obligees,  siie  not  having  possessed  assets  of  the  said  Testator  suflicient 
to  satisfy  the  same,  nor  having  paid  the  same  or  any  part  thereof. 

Charge  contranj,  and  charge  tiiat  tlie  said  Testator,  at  the  time  of  his 
death  was  possessed  of  or  entitled  to,  a  considerable  personal  estate  and 
effects  and  more  than  sufficient  to  satisfy  his  funeral  exnenses  and  debts, 


BILLS    FOR    BOND    CREDITOHS,    &:c.  251 

or  at  least  his  debts  by  speciahyj  and  this  the  said  Defendant,  or  some 
person  by  lier  order,  or  for  her  use,  liath  possessed  or  received,  or 
without  her  wihul  neglect  or  defauU  jnight  have  possessed  or  received, 
the  whole  of  such  personal  estate  and  eflects,  and  that  a  considerable 
part  of  the  said  bond  debt  on  which  the  said  judgment  hath  been  re- 
ceived has  been  satisfied,  and  that  little,  if  any,  remains  due  in  respect 
thereof.  But  your  Orators  charge,  the  said  Defendant  S.  T.  hath  wasted 
and  misappUed  part  of  the  said  I'estator's  personal  estate,  and  has  made 
divers  payments  thereout  which  ought  not  to  have  been  raaile  thereout, 
and  hadi  permitted  parts  of  the  said  Testator's  personal  estate  to  be 
possessed  or  received  by  other  persons  as  a  legacy,  or  in  satisfaction  of 
debts  by  simple  contract,  and  so  the  same  would  appear  if  the  said 
Defendant  would  set  furtii  a  full,  just,  and  particular  account  of  all  the 
said  Testator's  personal  chattels  and  eflects  possessed  by  her,  or  by  any 
person  or  persons  on  her  behalf,  or  for  her  use,  or  by  her  jjermission  ; 
and  would  set  forth  how  she  has  sold  and  disposed  of,  and  applied  the 
same,  and  of  the  produce  of  the  said  Testator's  personal  estate  and 
eflects  remaining  outstandmg  and  unpossessed  of  by  her,  but  tiiis  she 
refuses  to  do  ;  and  in  case  the  said  Testator's  personal  estate  shall  not  on 
a  fair  account  to  be  taken  thereof,  be  suflicient  to  answer  your  Orators' 
said  debts,  your  Orators  insist  that  the  deficiency  ought  to  be  made  good 
out  of  the  said  Testator's  freehold  and  copyhold  estates,  and  the  same, 
or  a  sufficient  part  thereof,  ought  to  be  sold  for  that  purpose  j  but  this 
the  said  Defendant,  S.  T.  and  J.  P.  and  M.  his  wife,  W.  T.  T.  R.  and 
M.  T.  severally  refuse  to  consent  to,  although  they  have  not  any  title  to 
the  said  freehold  and  copyhold  estates,  or  any  part  thereof,  e.xcept  under 
the  said  Testator's  will ;  and  the  said  S.  T.  and  M.  T.  refuse  to  aocounl 
for  the  rents  and  profits  of  the  said  estates  received  by  them,  or  for  their 
use  or  to  apply  the  same  in  or  towards  the  payment  of  your  Orators'  said 
debt.  And  W.  T.,  J.  R.,  M.  T.,  J.  P.  and  AL,  his  wife,  severally  pretend 
that  the  said  Testator's  personal  estate  and  eflects  are  suflicient  to  an- 
swer and  satisfy  your  Orators'  said  debt,  and  all  the  other  debts,  and  the}' 
therefore  object  to  any  sale  being  made  of  any  of  the  said  freehold  and 
copyhold  estates,  for  payment  of  your  Orators'  debt.  And  the  said  seve- 
ral Defendants,  or  some  of  them,  at  times,  set  up  divers  claims  to  the 
said  freehold  and  copyhold  estates,  in  opposition  to  the  said  v^ill.  And 
they  at  times  pretend  and  insist  that  the  said  F.  J.  as  a  co-obligee  on  the 
said  bond,  or  as  the  surviving  partner  of  the  said  Testator,  ought  to  pay 
your  Orators  the  said  bond  debt ;  but  the  said  F.  J.  pretends  and  insists 
that  the  said  Testator,  or  his  estate  has  had  the  benefit  of  the  said  sum 
of  £  ,  the  consideration  of  the  said  bond,  and  that  he  has  not  any 

effects  of  the  said  Testator  in  his  hands,  coming  to  the  said  Testator's 
estate,  and  therefore  that  the  bond  ought  to  be  paid  by  the  said  S.  T.  out 
of  the  said  personal  estate;  or  in  in  case  of  a  deficiency  of  such  personal 


262  BILLS  FOR  BOND  CREDITORS,  hc. 

estate,  out  of  the  said  freehold  and  copyhold  estates.  Whereas  yourOra-' 
tors  insist,  that  in  case  of  any  deficiency  of  sitch  personal  estate,  to  sa- 
tisfy the  said  bond  debt,  the  said  F.  J.  ought  to  answer  and  pay  the  same, 
and  make  good  the  said  defiriency,  but  he  refuses  or  di^clines  so  to  do. 
All  which,  Sec.     To  the  end,  &c. 

Praijer. 

And  that  an  account  mav  be  taken  by  and  under  the  direction  and 
decree  of  (his  honorable  Court,  of  wliat  is  due  for  principal  and 
interest  on  the  said  bond  ;  and  that  an  account  may  al-o  be  taken 
of  the  personal  estate  and  effects  of  the  said  Testalor,  possessed 
by  or  come  to  the  hands  of  tlie  said  S.  T.  or  any  person  by  her 
order,  or  for  her  use,  or  with  her  permission,  or  which,  without 
her  wilful  default  or  neglect,  might  have  been  possessed  by  her ; 
and  that  she  may  be  decreed  to  pay  your  Orators  what  shall  appear 
to  be  due  and  owing"  to  them  for  princip<il  and  interest  on  their  said 
bond,  out  of  the  said  Testator's  personal  estate,  in  a  due  course  of 
administration.  And  in  case  the  same  shall  not  be  sufficient  for  that 
purpose,  then  that  an  account  ma}-  be  taken  of  the  rents  and  profits 
of  the  said  Testator's  said  freehold  and  copyhold  estates,  received  by 
them  the  said  Defendants,  S.  T.  and  IM.  T.  respectively,  or  lor  tiieir 
use ;  and  that  all  such  as  shall  appear  to  have  been  received  by  her, 
or  a  sullicieut  part  thereof  may  i)e  applied  in  or  towards  making 
good  the  said  deficiency  ;  and  in  case  the  said  several  funds  shall 
be  insufficient  for  the  paying  and  answering  your  Orators'  said  debt 
and  interest,  a  sufficient  sum  of  money  may  be  raised  by  sale  or 
mortgage  of  the  said  Testator's  said  freehold  and  copyhold  estates, 
or  a  sufficient  part  thereof,  subject  to  such  mortgage  or  mortgages  as 
are  now  subsisting  thereon,  for  the  making  good  such  deficiency,  and 
applied  accordingly;  and  the  said,  Sec.  Szc.  and  all  proper  parties 
may  join  in  such  sale  or  mortgage  ;  and  in  case  ail  the  said  Testa- 
tor's estates  shall  be  insufficient  for  payment  of  your  Orators'  said 
bond  debt,  then  that  the  said  Defendant  F.  J.  as  a  co-obligee  in  the 
said  bond,  may  be  decreed  to  answer  and  make  good  such  deficiency 
to  your  Orators.     And  for  further  relief,  &c. 


Bill  by  Bond  Creditor  as^ain.'it  Heirs  at  Laiv  and  Residuary 
Legatee  for  Payment  by  Sale  of  Estate. 

Humbly    complaining,     shew    unto    your    Lordship,   your    Oratri.\, 
A.  L.  of  ,  spin.ster,  that  A.  W.  late  of  ,  «as  at  the 

time  of  his  decease  justly  indebted  to  your  Oratrix  in  the  sum  of  =>£'  > 


BlLLb   FUR   liOiND  CKEDITOKS,  SiC  263 

on  a  bond  or  obligation  given  by  the  said  A.  W.  to  your  Oratrix  bearing 
flate  on  or  about  the    ■*  ,  in  the  penalty  of  =£  ,  conditioned 

(or  the  payment  of  £  on  the  day  of  ,  with  inte- 

rest, after  tlie  rate  oi  £  per  cent,  and  the  same,  together  with  tlie  in- 
terest accrued  tliereon,  is  still  due  and  owing  to  your  Oratrix.  And  your 
Oratrixfurtlier  shewelh,  &:c.  tliat  the  said  A.  W.  being  thus  indebted  and 
possessed  of  a  very  considerable  personal  estate,  and  greatly  more  than 
sufficient  to  pay  his  Just  debts,  and  being  also  seised,  posseise<l  or  other- 
wise well  entilled  to  certain  freehold,  leasehold,  or  copyhold  estates, 
situate  in  the  county  of  S.  and  elsewhere,  departed  this  life  on  or  about 
fhe  day  of  ,  having  fa'st  duly  made  and  published  his  last 

will  and  testament  in  writing,  and  executed  in  such  manner  as  by  law  is 
required  to  pass  real  estate,  bearing  date  on  or  about  the  day  of  , 
and  thereby  gave  and  bequeathed  (amongst  other  things),  in  the  words 
and  figures  following ;  that  is  to  say  {state  that  pari  which  applies  to  this 
case) ;  and  by  his  viill  appointed  A.  B.,  L.  B.  now  L.  B.  W.  residuary 
devisee,  in  fee,  and  a  Defendant  hereto,  acd  R.  T.  executrix  an(J||^ecu- 
lors  of  his  said  will,  as  in  and  by,  &c.  That  the  said  A.  VV.  departed 
this  life  without  having  altered  or  revoked  his  said  will,  so  far  as  the 
same  has  been  hereinbefore  set  forth,  and  leaving  his  said  executrix  and 
executors,  and  also  his  heirs  at  law,  and  Delendants  hereto  (state  who 
ihey  are.)  That  the  said  A.  B.  and  R.  T.  having  renounced  the  execution 
of  the  said  will,  the  said  L.  B.  W.  proved  the  said  will  in  the  prerogative 
court  of  the  Archbishop  of  Canterbury,  and  took  upon  himself  the  exe- 
cutorship thereof,  and  under  and  by  virtue  thereof,  possessed  himself  of 
the  personal  estate  and  etTects  of  the  said  Testator  to  a  large  amount,  and 
entered  into  possession  of  the  real  estates  devised  to  him  by  the  said  will. 
And  your  Oratrix,  &c.  that  she  has  frequently,  by  herself  and  her  agents 
applied  to  the  said  L.  B.  W.  for  payment  of  what  was  due  to  her  for 
principal  and  interest  on  her  said  debt,  and  well  hoped  that  the  said 
L.  B.  W.  would  have  complied  with  this  the  reasonable  request  of  vour 
Orator  as  in  equity  and  good  conscience  he  ought  to  have  done.  But 
now  so  it  is,  &c.  the  said  L.  B.  W.  at  some  times  pretends,  that  the  said 
A.  W.  did  not  make  such  will  and  testament  as  is  hereinbefore  mentioned, 
and  that  administration  with  the  will  annexed,  was  not  at  or  about  tlie 
time  hereinbefore  mentioned,  or  at  any  other  time,  granted  to  him  out 
of  the  prerogative  court  of  Canterbury,  or  any  other  Ecclesiastical  Court; 
or  if  the  same  were  so  granted  to  him,  that  nevertheless  he  hath  not,  by 
virtue  thereof,  received  any  part  of  the  said  A.  VV.'s  personal  estate,  or  at 
least  not  sufficient  to  pay  your  Oratrix's  demand.  Whereas  your  Ora- 
trix charges  the  contrary  of  such  pretence  to  be  true  ;  and  more  particu- 
larly that  the  said  L.  B.  \V.  has  admitted,  in  a  certain  cause  now  depend- 
ing in  this  honorable  (^om*  wherein  the  said  V..  B.  W.  is  a  party,  that  he 


254  BILLS    FOR    BOND    CREDITORS,    &C. 

has  received  assets  of  the  said  A.  W.  sufficient  to  pay  all  his  debts,  legacies, 
and  funeral  ex]>enses.  and  this  the  said  L.  B.  W.  will  at  other  times  ad- 
mit;  but  then  he  pretends  that  he  cannot  sell  any  part  of  the  real  estate 
of  the  said  A.  W.  without  the  concurrence  of  the  said  other  Defendants, 
who  refuse  to  concur  therein  without  the  sanction  of  this  honorable  Court. 
All  which,  &c.     To  the  end,  therefore. 

Prayer. 

And  that  the  said  Defendant,  L,  B.  W.  may  admit  assets,  or  set  forth 
an  account  of  the  personal  estate  and  efl'ects  of  the  said  A.  W.  come 
to  his  hands  or  possession  ;  and  that  an  account  of  what  xi  due  to 
your  Oratrix,  for  her  said  debt,  and  the  interest  accrued  due  thereon, 
may  be  taken.  And  if  the  said  L.  B.  W.  shall  admit  assets,  then 
that  the  same,  when  so  ascertained,  may  be  paid  to  your  Oratrix  out 
of  the  personal  estate  and  effects  of  the  said  Testator;  and  in  case 
Uie  said  L.  B.  W.  should  not  admit  assets,  then  that  an  account  may 
be  taken  of  the  personal  estate  and  effects  of  the  said  Testator,  come 
to  the  hands  or  power,  or  possession  of  the  said  L.  B.  W.  And 
in  case  it  should  appear  that  the  said  personal  estate  and  effects  are 
not  sufficient  to  pay  your  Oratrix's  said  debt  and  interest,  then  that 
the  said  term,  devised  to  your  Oratrix  by  the  said  will  of  the  said 
Testator,  may  be  sold  by  and  under  the  decree  of  this  honorable 
Court.     And  for  further  relief. 

.T.  A. 
Fray  Suhpmnn  agrtinH  tht:  heirs, 
and  Jj.  B.  W. 


Bill  to  have  a  Bond,  and  other  Seciiriiies,  delivered  tfp, 
Part  of  the  Consideration  being  Money  ivon  at  Play. 

That  Plaintiff,  C.  some  time  in  or  about,  &c.  was  in  company  with 
T.  B.  of  &c.  the  Defendant  hereto,  at  the  house  of  one  Mr.  D.  in  &c. 
and  dice  being  introduced,  Plaintiff  set  down  to  play  with  dice  with  the 
Defendant,  and  thereupon  the  Defendant,  at  such  meeting,  won  of  Plain- 
tiff, by  playing  at  dice,  the  sum  of  ,  and  Plaintiff  being  after- 
wards, and  in  or  about,  &c.  indebted  to  the  said  Defendant  in  a  sum  of 
money  for  clothes,  which  the  Defendant  had  made  for  Plaintiff  and  ano- 
ther person,  at  the  instance  and  request  of  Plaintiff,  and  he,  the  Defend- 
ant, having  satisfied  and  discharged  the  debt  and  costs  incurred  in  an  ac- 
tion at  law,  in  which  he  had  been  bail  jointly  with  Plaintiff,  Defendant 
caused  Plaintiff  to  be  arrested,  and  held  to  bail,  in  an  action  at  law  for 
recovery  of  the  money  due  to  him  as  aforesaid,  for  clothes;  and  Plaintiff 


BILLS  FOR  BOND  CREDITORS,  &C.  255 

being  at  tliat  time  unable  to  pay  or  to  advance  the  same,  Defendant  pro- 
posed and  ofi'ered  to  drop  tiie  said  suit,  and  to  discharge  the  said  arrest 
in  case  Plaintitit'  would  enter  into  and  execute  a  bond  or  obligation  to 
him,  tlie  Defendant  conditioned  for  the  payment,  as  well  of  the  said  sum 
of  ,  won  by  him  at  dice  as  aforesaid ;  as  also  of  his  said  other 

demands,  amounting  to  the  sum  of  =£  in  the  whole,  and  accordingly 

TlaintifTwas  prevailed  upon  to  execute,  and  did  actually  execute  a  bond 
or  obligation,  bearing  date,  &c.  conditioned  for  the  payment  to  the  De- 
fendant of  the  sum  of  £  ,  by  instalments  at  the  several  days,  and  in 
manner  therein  mentioned. 

That  part  of  the  consideration  of  the  same  bond  or  obligation  was  the 
said  sum  of  £  ,  won  by  the  said  Defendant  of  PlaintifT,  by  playing 

at  dice  as  aforesaid. 

That  on  or  about,  &r.  last,  Defendant  applied  to  Plaintiff,  and  pro- 
posed to  deliver  up  the  said  bond  for  £  ,  upon  Plaintiff's  entering 
into,  and  executing  in  lieu  thereof,  a  new  bond  or  obligation  to  the  said 
Defendant,  in  the  penalty  of  ^  ,  with  consideration  of  the  payment 
of  the  said  sum  of  c;£^  ,by  instalments,  at  two  equal  payments  ;  and 
also  a  warrant  of  attorney  to  confess  judgment  thereon,  and  upon  Plain- 
tiff's giving  and  subscribing  two  promissory  notes  for  the  payment  of 
£  each,  the  one  due  at  Chiistmas  next,  and  the  other  at  Christmas 
in  the  year  ;  and  also  another  promissory  note  for  the  payment  of 
£  ibr  the  interest  thereof;  and  thereupon  Plaintiff,  at  the  intreaty  of 
the  Defendant,  did  execute  to  him  a  bond  or  obligation,  bearing  date, 
&c.  in  the  penalty  of  <£  ,  or  some  other  considerable  sum  of  money, 
with  condition  thereunder  written,  for  the  payment  to  Defendant  of  the 
•sum  oi  £  ,  with  interest  at  the  end  of  two  months  from  the  date 
thereof,  and  of  the  further  sum  of  £  ,  and  interest,  at  the  end  of  five 
months  from  the  date  of  the  same.  And  Plaintiff  also  at  the  same  time, 
executed  a  varrant  of  attorney  to  confess  judgment  in  his  Majesty's  Court 
of  K.  B.  at  W.  on  the  last  mentioned  bond.  And  Plaintiff  also  then 
cave  and  subscribed  to  the  Defendant  a  promissory  note  for  the  payment 
of  the  further  sum  of  ^  ,  at  Christmas  next,  and  another  promissory 
note  for  the  payment  of  the  further  sum  of  =£  at  Christmas,  in  the 
year,  and  also  a  promissory  note  for  the  payment  of  £  on  account 
of  interest  of  the  said  sums,  as  by,  &c. 

That  the  last  mentioned  bond,  warrant  of  attorney,  and  promissory  notes, 
were  entered  into  and  executed  by  Plaintiff,  in  lieu  of  the  first  mentioned 
bond  for  the  payment  of  the  sum  of  ot  ,  and  without  any  other  con- 

sideration paid  or  given  to  Plaintiff  by  the  Defendant,  save  the  delivering 
up  of  the  same  bond  for  £ 

That  soon  after  the  first  payment  on  the  said  bond  for  £  became 

due,  he  tiie  said  Defendant  entered  up  judgment  ott  the  same  bond,  in 


256  BILLS    FOR    BOND    CREDITORS,    &C. 

pursuance  of  the  said  warrant  of  attorney  in  tlie  Court  of  K.  K.  and  on 
or  about,  Sec.  Defendant  sued  out  a  writ  of  capias  ad  satisfaciendum  on 
Ihe  said  judgment,  and  Plaintiff  was  taken  in  execution  thereon  for  the 
penahy  of  the  said  bond,  being  the  sum  oi  X  ,  and  Plaintifl' being 

in  custody  on  the  said  execution.  Defendant,  on  the  day  following,  ollered 
and  agreed  to  release  FlaintifF  from  the  said  execution,  if  PlaintilT  would 
draw  a  bill  of  exchange  on  T.  B.  Jun.  esq.  for  the  sum  of  <£  ,  then 

due  upon  the  said  bond,  payable  in  fourteen  days,  and  procure  him,  the 
said  T.  B.  to  accept  the  same  bill.  And  if  Plaintiff  and  the  said  T.  B. 
would  also  enter  into  and  execute  a  warrant  of  attorney  to  confess  judg- 
ment for  the  sum  oi  £  ,  to  which  Plaintiff,  in  order  to  procure  \\\i 
discharge  out  of  custody,  consented,  and  accordingly,  Plaintifi'drew  a. 
bill  of  exchange  on  the  said  T.  B.  requiring  him  to  pay  to  the  Defendant, 
or  order,  the  sum  of  =£  ,  after  fourteen  days  from  the  date  thereof, 
being  the  first  payment  that  had  been  due  on  the  said  bond  for  the  £  , 
and  Plaintifi',  together  with  the  said  T.  B.  at  the  same  time  entered  into 
and  executed  a  warrant,  to  confess  judgment  in  his  Blajesty's  Court  ol 
K.  B.  to  the  said  Defendant,  in  the  sum  oi'  £  ;  and  the  Defendant, 
or  J.  D.  his  attorney,  subscribed  an  acknowledgment  that  the  same  was 
given  as  a  security  for  the  payment  of  the  said  bill  of  exchange,  and 
that  judgment  was  not  entered  upon  the  b^aid  warrant  of  attonu  y  until  the 
s.aid  bill  became  complete,  as  by,  c^x. 

That  Plaintiff  is  advised  that  the  securities  given  and  entered  into  by 
Plaintifl'as  aforesaid,  are  all  null  and  void,  and  ouglit  to  be  delivered  up 
to  Plaintiff  and  cancelled,  and  vacated  of  the  consideration  for  tlie  same, 
being  to  secure  tiie  sum  of  ,  so  won  by  Defendant  at  playing 

at  dice  as  aforesaid.  And  Plaintiff  hath  frequently  applied  to  the  De- 
fendant, and  requested  him  to  deliver  up  the  several  securities  as  afore- 
said, so  entered  into  by  Plaintiff  as  aforesaid.  And  Plaintiff  wdl  hoped, 
&c.     But  now,  &c. 

Insists  upon  the  benefits  of  all  the  aforesaid  securities,  and  threatens, 
in  case  the  said  bill  of  exchange  is  not  paid  on  the  day  the  same  is  made 
public,  that  be  will  enter  up  judgment  on  the  said  warrant  of  attorney, 
so  executed  by  Plaintiff  and  the  said  T.  B.  and  sue  out  execution  thereon. 
And  that  he  will  also  commence  actions  against  Plaintiff  on  the  several 
other  securities  given  and  entered  into  by  Plaintiff  as  aforesaid,  to  re- 
cover the  mortgage  mentioned  therein  respectively  ;  some  times  pretend- 
ing that  all  the  securities  were  given  for  a  good  and  valuable  considera- 
tion bona  fide  paid  by  Defendant  to  Plaintiff,  and  that  no  part  of  the 
consideration  thereof  was  for  money  won  at  dice,  or  any  other  play. 

Char;rc  coiitran/,  which  Defendant  at  times  admits,  but 

Pretends,  that  although  part  of  liie  consideration  of  the  first  mentioned 
hond  was  for  the  sum  of  guinea-*,  won  by  him  at  dice  as  aforesaid, 


EILLS    FOR    lUJND    CREDITORS,    &€•  257 

yet,  as  such  bond  was  affenvaids  delivered  up  to  Pluititifl'  and  such  new 
securities  entered  into  by  him  as  aforesaid,  in  Hou  of  the  former,  the  said 
bond  for  £  and  warrant  of  attorney  to  confess  judgment  thereon, 

and  also  the  said  promissory  notes,  given  by  Plaintiff  were  to  be  consi- 
dered as  distinct  and  independent  securities,  and  for  a  good  and  valuable 
consideration,  and  are  not  void  within  the  meaning  of  the  stat.  9  Ann. 
c.  14.  and  therefore  tiiat  the  Defendant  hath  n  right  to  the  benefit  thereof, 
and  to  receive  the  money  mentioned  therein. 

Charge,  that  the  said  bond  for  £  ,  and  the  warrant  of  attorney  to 
confess  Judgment  tliereon,  and  the  said  promissory  notes  given  as  the 
fact  is,  by  Plaintiff,  in  lieu  of  the  first  mentioned  bond,  and  for  no  other 
different  consideration,  are  equally  null  and  void,  and  ought  not  to  be  put 
in  force  against  Plaintiff,  part  of  the  consideration  for  the  same,  being  tlte 
money  won  by  Defendant  of  Plaintiff,  at  playing  with  dice  as  aforesaid. 
All  which,  &c.     To  the  end,  Sic. 

Prayer. 

That  the  said  bond  so  executed  by  Plaintiff  to  the  said  Defendant,  for 
the  payment  of  the  said  sinn  of  c£  ,  and  the  warrant  of  attorney 

aforesaid,  to  confess  judgment  thereon,  and  also  the  said  promissory 
notes  so  given  and  entered  into  by  Plaintiff  to  the  Defendant,  and 
all  other  the  securities  entered  into  and  executed  by  Plaintiff  to  the 
said  Defendant  in  manner  and  for  the  consideration  aforesaid,  may 
be  declared  null  and  void,  and  that  the  same  may  be  delivered  up 
to  Plaintiff,  to  be  cancelled;  and  that  in  the  mean  time  the  said 
Defendant  may  be  restrained  by  the  order  and  injunction  of  this 
honorable  Court  from  commencing  or  prosecuting  any  action  or  ac- 
tions at  law  against  Plaintiff,  upon  the  said  securities,  or  any  of  them, 
or  from  entering  up  judgment  on  the  said  warrant  of  attorney,  exe- 
cuted by  Plaintiff  and  the  said  T.  B.  or  from  any  proceedings  there- 
on.    And  for  further  relief. 

J.  R. 


34 


'J58 


SECT.  xm.  —  BILLS  FOR  TNFANTS. 


Bill  to  have  a  Sum  of  Money  which  tons  a  specific  Le;^acy, 
and  appropriated,  invested  in  the  Accountant  General,  for 
the  Benefit  of  Infants,  Guardian,  Allowance,  ^c. 

Humbly  complaining,  shew  unto  your  Loidsliip,  your  Orators  and  Ora- 
trix  E.  II.,  I.  H.,  T.  H.,  and  M.  A.  II.,  infants,  under  the  age  of 
21  years,  by  I.  E.  of.  Sec.  their  next  friend,  that  E.  H.  the  elder,  late  of 
&c.  farmer,  but  now  deceased,  duly  made  and  published  his  last  will  and 
testament  in  writing,  bearing  date,  &:c.  and  thereby  amongst  other  things, 
directed,  that  W.  T.  of  &c.  and  E.  B.  the  Defendants  hereinafter 
named,  and  C.  G.  of,  &c.  who  were  the  Trustees  and  executors  in  his 
said  will  named,  should  out  of  the  monies  which  should  come  to  their 
hands  in  manner  therein  mentioned,  lay  out  and  invest  in,  or  upon  govern- 
ment or  real  securities  at  interest,  the  sum  of  £  upon  trust,  &c.  (to 
pay  a  moiety  of  the  dividends  to  E.  II.  then  the  widow  of  the  testator's 
son  T.  for  lite,  or  daring  widowhood,  and  alter  her  decease  or  n^iarriage, 
the  whole  of  the  dividends  were  to  be  applied  by  the  Trustees  for  the 
maintenance  and  education  of  testator's  grandchildren,  the  PlaintilFs  to 
whom  the  principal  was  to  be  transferred  at  ~1  years  or  mairiage,  as  to 
the  daughter,)  as  in  and  by,  &c.  And  your,  &c.  that  the  said  Testator 
departed  this  life  in  or  about  the  month,  &c.  without  having  in  any  man- 
ner revoked  or  altered  the  said  will,  except  by  a  codicil,  bearing  date,  S^c. 
which  did  not  relate  to,  or  effect  the  said  trusts  of  the  said  sum  of 
£  And  your,  &c.  that  W.  T.  and  E.  B.  and  tlie  said  C.  G. 
duly  proved  the  said  will  of  the  said  testator,  and  acted  in  the  trusts 
thereof,  and  out  of  tlie  monies  which  came  to  their  hands  from  the  e^tale 
and  effects  of  the  said  testator,  in  or  about,  Arc.  appropriated  the  sum  of 
£  ,  in  satisfaction  of  the  aforesaid  legacy,  in  the  purciiase  of  the 
sum  of  £  ,3  per  cent,  consolidated  annuities,  and  the  said 
sum  of  stock  is  now  standing  in  their  nifnies  in  the  books  of  the  Governor 
and  Company  of  the  Bank  of  England.  And  your,  &c.  that  the  said 
C.  G.  Jiath  departed  tliis  life,  and  that  the  said  E.  H.  on  or  about,  &c. 
intermarried  with,  and  is  now  the  wife  of  the  said  I.  E.  whereupon  the 
interest  of  the  said  E.  H.  in  the  said  sum  of  <£'  .3  per  cent 
Ssc.  wholly  ceased.  And  that  your  Orators  and  Oratrix  shew,  that  the 
said  Defendants  paid  to  the  said  J.  E.  and  E.  his  wife,  the  years  dividends 
which  became  <lue  on  tlie  said  sum  of  stock,  on  the  day  of 
as  well  for  the  interest  of  the  said  E.  E.  in  the  said  stock,  as  for  the 
maintenance  and  education  of  your  Orators  and  Oratrix  up  to   that  time. 


BILLS    FOR    INFANTS.  253 

But  the  said  Delendants  have  retained  in  their  hands  the  siibse«(uent  divi- 
dends which  have  accrued  due  on  the  said  stock,  and  have  made  no  pay- 
ments or  allowances  thereout,  for  the  maintenance  or  education  of 
your  Orators  and  Oratrix.  And  your,  &c.  that  some  proper  pprson  or 
persons  ought  to  be  appointed,  as  the  guardian  or  guardians  of  your 
Orators  and  Oratrix,  with  suitable  allowances  for  their  maintenance  and 
education,  for  the  time  past,  since  the  said  day  of  ,  and  fpr 

the  time  to  come,  and  that  the  said  sum  of  stock  ought  to  be  secured  in 
this  honorable  Court.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises  ;  and  that 
some  proper  person  or  persons  may  be  appointed  the  guardian  or 
guardians  of  your  Orators  and  Oratrix,  with  suitable  allowances  for 
their  maintenance  and  education  for  the  time  past,  since  the  said 
day  of  ,  and  for  the  time  to  come,  and  that  the  said 

Defendants  may  account  for  the  dividends  of  the  said  trust  stock, 
which  have  accrued  due  since  the  said  day  of  ,  and 

may  thereout  pay  the  allowances  which  shall  be  made  for  the  main- 
tenance and  education  of  your  Orators  and  Oratrix,  since  the  said 
day  of  ,  and  may  pay  the  residue  thereof  into  this 

honorable  Court  for  the  benefit  of  your  Orators  and  Oratrix  :  and 
may  also  transfer  the  said  sum  of  ^  3  per  cent,  conso- 

lidated bank  annuities,  into  the  name  of  the  Accountant  General  of 
this  honorable  Court,  to  be  there  secured  for  the  benefit  of  your 
Orators  and  Oratrix,  and  such  other  persons  as  may  eventually  be 
interested  therein.     And  for  furthei-  relief. 


Bill  by  Infant  and  next  Friend  to  carry  the  Trusts  of  her 
Father^s  will  into  Execution,  and  for  a  Receiver.     In- 
fant icas  also  Tenant  in  tail  of  Lands  under  the  Will  of 
her  Grandfather. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Oratrix  A.  W. 
an  infant,  under  the  age  of  21  years,  that  is  to  say,  of  the  age  of  nine  years 
or  thereabouts,  by  T.  W.  of,  &c.  her  uncle,  and  next  friend,  that  A.  W. 
late  of,  &c.  but  now  deceased,  the  father  of  your  Oratrix,  was,  at  the 
time  of  making  his  said  will  and  at  his  death,  seised  in  fee-simple  of,  or 
otherwise  well  entitled  to  part  or  share  of  and  in  a  certain  colliery  or 
<:oal  mine,  in  the,  "fee.  railed         collierv,  and  also  to         part  or  share  of 


260  BILLS   roU    iNl  AiNTS. 

and  in  a  rertiiin  colliery  or  coal  mine,  in  the  county  of  D.  called  toI- 

liery,  and  was  also  possessed  of  one  undivided  moiety  of  a  certain  brewery 
malting  and  lands,  situate  at,  Sjc.  held  by  lease  from  tiie  dean  and 
chapter  of  D.  for  a  term  of  years,  and  was  also  possessed  of 

farming  stock  and  other  personal  property  to  a  great  amount.  And 
your,  Sec.  that  on  or  about,  &c.  the  said  A.  \V.  duly  made  and  piil)lished 
his  last  will  and  testament  in  writing,  which  was  executed  and  attested  in 
such  manner  as  by  law  is  required  for  passing  real  estntes,  and  was  in 
the  words  and  fiuures,  or  to  the  purport  and  effect  following,  (that  is  to 
say,)  This  is  the  last  will,  &:c.  Sec.  (gave  to  his  wife  J.  W.  his  liquors  and 
furniture  for  life,  she  signing  an  inventory.  Gave  all  his  collieries  and 
all  other  his  estate  to  Defendant  R.  S.  in  trust  for  his  children,  if  more 
than  one,  equally,  and  if  but  one,  to  sucli  one,  chargeable  with  an- 

nuities ofc£  to  his  wife;  £  to  his  sister  M.  B.  and  .€ 

to  J.  W.  son  of  G,  W.  and  ap[)oiut('d  snid  I».  S.  sdle  executoi-  und  guar- 
dian of  Plaintitr,   in  case   of  his  wife's  death  or  second  mairiage.)   as  in 
and  by,  &c.      And  your,  &c.  that  the  said  A.  W.  departec'.  this  lile  on  oi 
about.  Sec.  without  having  in  any  manner  revoked  or  altered  his  said  will 
leaving  J.  W.  in  the  said  will  named  his  widow,  and  your  Oratrix,  his 
only  child  him  surviving,  and  thereupon   H.  S.  of,  Sec.  one  of  the   Defen- 
dants hereto  and  the  sole  executor  in  his  said  will  named,  duly  proved 
his  said  will  in  the  proper  Ecclesiastical   Coint  and  look  upon  himself 
the  executorship  thereof.     And  your,  Ax.  that  the  said  J.  W.  the  widow 
of  the  said  Testator,  and  the  mother  (if  your  Oratrix,  departed  this  life 
intestate  on  or  about,  Sec.  leaving  your  Oratrix  her  only  child  and  sole- 
next  of  kin.     And  letters  of  administration  of  her  goods,  chattels,  rights, 
and   credits  have  since  been  duly  granted   to  the  said   R.  S,  who  hath 
thereby  become  her  legal  personal  repre.Nentalive.     And  your,  &:c.  that 
by  indentures  of  lease  and  release,  bearing  date,  &c.  and  made  or  ex- 
pressed to  be  made  between  R.  W.  the  late  grandfather  of  your  Oratrix, 
of  the  first  part,  the  said   T.  W.  and  .'.  H.  ot\  Sec.  another  Defendant 
hereto,  of  the  second  part,   the  s;iid  Teslator  A.  W.  of  the  third  part, 
the  said  J.  W.  the  wife  of  tlie  said  A.   \V.  of  the  fourth  part,  G.  W.  of. 
&c,  and  W.  G.  of,  &:c.  two  other  Defendants  hereto,  of  the  fifth  part,  the 
said  Defendant  R.  S.  of  the  sixth  part,  and  T.  B.  of.  Sec.  of  the  seventh 
part  of  one  undivided  moiety  or  fiill  half  part  and  share  of,  in,  and  to  a 
certain  messuage,  tenement,  and  lands,  Sec.  [describing  the  premises  as  ex- 
pressed in  the  deed.)  were  conveyed  and  confirmed  to  the  said  G,  W.  and 
W.  G.  their  heirs  and  assigns,  in  such  manner,  that  the  said  A.  W.  and 
J.  his   wife,  during  their  joint  lives,  were  each  entitled  to  one  moiety  ol 
the  rents  and  profits  of  the  said  premises,  and  that  the  said  .L  W.  became 
entitled  to   the  entirety  of  such  rents  and  ,;roTitSj  upon  the  death  of  the 
said  A.  W.  for  and  during  the  term  oi  her  life.     And  that  your  Oratrj.N 


HILLS    FOR    INFANTS.  261 

IS  now  by  the  events  that  Iravc  happened,  tenant  in  tail  in  possession  of 
the  said  premises;  hut  the  said  G.  \V.  and  W.  G.  now  have,  or  claim 
some  legal  estate  therein,  in  trust  how(;vor,  for  your  Oratrix.  And  your, 
&c.  that  the  said  R.  W.  the  father  of  the  said  A.  \V.  by  his  last  will  aiKi 
testament,  gave,  devised,  and  appointed  all  his  copyhold  messuages, 
lands,  tenements  and  hereditaments,  &c.  unto  the  said  R.  S.  and  J.  H. 
their  heirs  and  assigns  for  ever,  in  such  manner  that  the  said  A.  W.  was 
entitled  to,  and  enjoyed  the  rents  and  profits  of  tiie  said  premises,  for 
and  during  the  term  of  his  life,  and  lliat  your  Oratrix  in  the  events  that 
have  happened,  has  become  tenant  in  tail  in  possession  thereof.  And 
the  said  testator  R.  W.  also  gave  and  devised  all  his  leasehold  messunges, 
lands  and  premises,  &c.  (to  go  with  the  freehold,  as  far  as  the  rules  of 
law  would  admit.)  And  your  Oratrix  sheweth,  that  the  said  R.  S.  and 
J.  [1.  now  have,  or  claim  some  legal  estate  or  interest  of,  in,  and  lo  the 
said  copyhold,  freehold,  and  leasekold  premises,  in  trust,  however,  for 
your  Oratrix.  And  your,  tic.  that  the  said  R.  S.  hath  possessed  tlie  per- 
sonal estate  and  effects  of  the  said  Testator  A.  W.  to  an  amount  greatly 
mor«  than  sufficient  to  pay  and  satisfy  his  funerrd  expenses,  debts,  and 
legacies.  And  the  said  R.  S.  since  the  death  of  the  said  testator,  hath 
received  very  considerable  sums  of  money  frrim  the  profits  and  produce 
of  the  said  Testator's  share  and  interest  in  the  and  collieries, 

and  in  the  brewery  malting,  and  lands  at  H.  ?.  And  the  said  R.  S. 
upon  the  death  of  the  said  Testator,  entered  into  the  possession,  or  into 
the  receipts  of  the  rents  and  profits  of  the  premises,  comprised  in  the 
aforesaid  indentures  of  the,  &c.  and  of  the  copyhold,  freehold,  and 
leasehold  premises  devisfd  as  aforesaid,  by  tl;e  said  R.  W. ;  and  the 
said  R.  S.  hath  ever  since  continued  and  now  continues  in  such  posses- 
sion or  receipt.  And  your  Oratrix  sheweth,  that  the  said  11,  S.  hath,  since 
the  death  of  the  said  J.  W.  your  Oratrix's  mother,  possessed  himself  of 
the  wine  and  other  liquors  which  were  in  the  house  oi'  the  said  Testator 
A.  W.  at  the  time  of  his  decease,  and  of  all  otiier,  the  property  and 
effects  specifically  bequeathed  to  the  said  J.  W.  And  the  said  R.  S, 
never  paid  over  to  the  said  J.  W.  the  proportion  of  the  annuity  whidi 
became  due  to  her,  under  the  will  of  her  said  late  husband,  nor  the 
rents  which  were  due  to  her  in  respect  of  the  premises  comprised  in 
the  said  indentures  of  the,  &c.  And  your  Oratrix  sheweth,  that  the 
trusts  of  the  said  will  of  the  said  Testator  A  W.  ought  to  be  performed 
and  carried  into  execution.  And  that  the  said  R.  S.  ought  to  account 
for  the  personal  estate  and  effects  of  the  said  Testator,  and  for  the  lents 
and  profits  of  his  real  estate,  and  also  for  the  personal  estate  and  efi'ect.-. 
of  the  said  J.  W.  And  that  some  proper  person  ought  to  be  appointed 
to  receive  the  rents,  profits,  and  produce  of  the  said  freehold,  copyhold, 
aud  leasehold  estates,  andof  the  said  Testatrix's  share  and  interest  in  the 


262  BILLS    FOR    INFANTS. 

said  collieries  or  coal  mines,  and  that  a  suitable  allowance  ought  to  be 
made  for  the  maintenance  and  education  of  your  Oratrix,  for  the  time 
past  and  to  come.     To  the  end  therefore,  &;c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
the  will  of  the  said  Testator  A.  W.  may  be  established,  and  the 
trusts  thereof  performed  and  carried  into  execution  by  and  under  the 
direction  of  this  honorable  Court.  And  that  an  account  may  be 
taken  of  the  personal  estate  and  effects  of  the  said  Testator,  which 
have  been  possessed  or  received  by  the  said  R.  S.  or  by  any  other 
person  or  persons,  by  his  order  or  to  his  use.  And  that  an  ac- 
count may  also  be  taken  of  the  said  Testator's  funeral  expenses,  debts, 
and  legacies,  and  that  the  said  Testator's  personal  estate  may  be 
appHed  in  payment  thereof,  in  a  due  course  of  administration.  And 
that  an  account  may  be  taken  of  the  rents,  profits  and  produce  of  the 
said  Testator's  freehold,  copyhold,  and  leasehold  estates,  and  of  his 
share  and  interest  in  the  said  collieries  which  have  accrued  due  since 
the  death  of  the  said  Testator,  and  have  been  possessed  or  received 
by,  or  by  the  order,  or  to  the  use  of  the  said  R.  S.  And  that  an  ac- 
count may  also  be  taken  of  the  estate  and  effects  of  the  said  J.  W. 
which  have  come  to  the  hands,  or  use  of  the  said  R.  S.  and  of  her 
funeral  expenses  and  debts.  And  that  the  surplus  of  the  personal 
estate  of  the  said  Testator,  and  the  rents,  profits  and  produce  of  his 
freehold,  copyhold,  and  leasehold  estates  and  coal  mines,  received 
by  the  said  R.  S.  and  the  residuary  estate,  if  any,  of  the  said  J.  W. 
may  be  secured  in  this  honorable  Court  for  the  benefit  of  your  Ora- 
trix. And  that  some  proper  person  may  be  appointed  by  this 
honorable  Court  to  receive  tlie  rents,  profits,  and  produce  of  the 
said  freehold,  copyhold,  and  leasehold  estates,  and  collieries.  And 
that  suitable  allowance  may  be  made  for  the  maintenance  and  educa- 
tion of  your  Oratrix  for  the  time  past,  and  to  come.  And  for  fur- 
ther relief,  &c. 

J.  L. 

Pray  Siibpana  against 
R.  S.,  J.  //.,  G.  W., 
and  W.  a. 


BILLS    fOR    INFANT!^.  ^6S 

Bill  for  the  Transfer  of  Stock,  standing  in  the  Name  of 
the  Accountant-  General,  which  had  belonged  to  a  Luna- 
tic deceased. 

States,  that  by  indenture,  bearing  date  and  made  between  A. 

late  the  wife  of  T.  C.  gentleman  by  the  description  of  A.  H.  of,  8zc. 
widow,  W.  C.  and  E.  his  wife,  W.  H.  and  F.  his  wife,  and  M.  late  the 
wife  of  T.  C.  which  said  A.  E.  F.  and  M.  were  the  cousins  and  co-heirs 
at  law  of  lord  L.  baron  of  A.  in  the  kingdom  of  I.  then  lately  deceased^ 
of  the  one  part,  and  W.  B.  of  the  other  part,  for  the  settling  and  assuring, 
&c.  (deed  to  levy  a  fine  by  A.  H.  one  equal  4th  part  of  the  said  manors, 
&c.  to  the  use  of  A.  H.  in  fee,  and  the  other  three  undivided  4th  [yarts  to 
the  appointment  of  W.  C.  and  E.  his  wife  int.  al.)  as  in  and  by,  &c. 

That  in  pursuance  of  the  said  agreement  a  fine  mr  com/sance  was 
levied  of  said  manor  and  premises,  as  of  II.  term,  in  the  year  of  his 
late  Majesty  King  George  the  2d.  in  which  fine  the  said  A.  H.  &c.  were 
the  conusors,  and  the  said  W.  B.  was  the  conusee.  And  that  the  said 
A.  H.  continued  solely  seised  in  fee  in  her  own  right  of  the  said  one  un- 
divided equal  4th  part  of  said  premises,  until  her  intermarriage  with  T.  C, 
of,  &c.  a  lurjatir,  and  since  deceased. 

That  the  said  A.  H.  intermarried  with  the  said  T.  C.  on 
and  the  said  M.  intermarried  with  T.  S,  on  the  day  of  some  month 

of  ,  by  indenture,  bearing  dat«  ,  and  made  be- 

tween said  T.  C.  and  A.  his  wife,  T.  S.  and  M.  his  wife  of  the  one  part, 
and  the  said  W,  B.  of  the  other  part.  In  consideration,  &c.  (Deed  to 
levy  a  fine  of  a  moiety  of  said  premises  in  aforesaid  indenture,  which  fine 
as  to  parts  of  said  moiety,  to  the  use  of  T.  C.  and  A.  for  their  lives, 
and  the  longest  liver,  and  after  their  decease,  one  of  the  sftid  part  to 
the  appointment  of  T.  C.  and  the  other  to  the  appointment  of  A.  and 
in  default  of  such  appointments  to  A.'s  right  heirs,  and  as  to  the 
parts  to  T.  S.  and  M.  his  wife,  for  their  lives,  in  the  same  manner  as 
limited  to  T.  C.  and  A.) 

That  in  pursuance  of  said  agreement,  a  fine  siir  conusance,  Sec.  was  levied 
of  a  moiety  of  said  manors,  &c.  as  of  T.  term,  in  the  year  in  which 
the  said  T.  C.  and  A.  his  wife,  and  T.  S.  and  M.  his  wife  were  conusors, 
and  the  said  W.  B.  the  conusee.  And  that  the  said  T.  C.  and  H.  his 
wife,  by  virtue  of  said  indenture  of  ,  and  of  said  fine,  be- 

came seised  in   fee  of  said         parts  of  said  moiety  of  said  manor  and 
premises. 

That  the  said  T.  C.  having  the  misfortune  to  become  disordered  in  his 
mind,  a  commission  in  the  nature  of  a  writ  de  lunaticn  inqidrendo  issued, 
to  inquire  into  his  insanity,  and  by  an  inquisition  taken  thereon  on  the. 


264  BILLS   FOR   IMANTS. 

Sec.  it  was  found  that  the  said  T.  C.  was  a  lunatic,  and  that  ho  did  nol 
enjoy  lucid  intervals,  so  as  to  be  sufficient  krr  the  government  of  himself 
and  his  estate.  And  that  by  virtue  of  a  grant,  under  the  great  seal  of 
Great  Britain,  bearing  date,  &c.  the  custody  of  the  person  of  the  said 
T.  C.  was  granted  to  said  A.  his  wife,  and  the  custody  of  his  estate  was 
granted  to  said  W.  C. 

That  the  owners  of  the  other  parts  of  said  premises,  were  in  the 
year  ,  desirous  of  having  said  premises  sold,  but  in  case  the  said 

other  parts  of  said  j>remises   should  have  been  sold  separately 

from  that  belonging  to  said  T.  C.  and  A.  his  wife,  would  have  been  con- 
siderably diminished  in  its  value  thereof,  and  notwithstanding  it  was  for 
the  benefit  of  said  T.  C.  and  A.  his  wife,  and  all  persons  who  might  claim 
any  interest  in  the  said  one  part  of  said  premises,  should   be  sold 

entire,  yet,  by  reason  of  the  lunacy  of  said  T.  C.  a  good  title  could  not  be 
made  to  a  purchaser  of  the  said  one  part  of  said  premises,  belonging 
to  said  T.  C  and  A.  his  wife,  without  the  aid  of  parliament,  whereupon 
application  was  in  made  to  parliament,  for  an   act  for  that 

purpose,  and  a,ccordingly,  by  an  act,  intituled,  "An  act  for  sale  of  the 
real  estate  of  T.  C.  and  A.  his  wife,  and  for  laying  out  the  money  aris- 
ing by  such  sale,  in  the  purchase  of  other  lands  and  hereditaments,  for 
the  benefit  of  said  T.  C.  and  H.  his  wife,"  duly  made  and  passed  in  the 
year  of  his  present  majesty's  reign,  it  was,  amongst  other  things, 
enacted,  that,  Sec. 

That  in  pursuance  of  said  act  of  parliament,  ^aid  premises  were, 
in  ,  sold   and  conveyed  to  A.  B.  for  £  ,  and  after   de- 

ducting the  expenses  attending  the  procurement  of  the  said  act  and 
sale,  the  residue  of  the  money  arising  by  sale  of  said  one-fourth  part  of 
said  T.  C.  and  A.  his  wife,  was,  in  pursuance  of  said  act,  paid  into  the 
bunk  in  the  name  of  the  Accountant-Goneial,  and  afterwards,  by  an 
order  of  laid  out  in  the  purciiase  of  dj  3  per  cent,  consolidated 

bank  annuities,  which  were  transferred  to,  and  are  now  standing  in  the 
name  of  the  said  Accauntant-General,  on  the  trusts  in  the  said  act  men- 
tioned, and  the  dividends  thereof  were  applied  for  the  benefit  of  said 
T.  C.  and  A.  l>is  wife,  during  their  respective  lives. 

That  the  said  A.  C.  departed  this  life  on,  &c.  leaving  said  T.  C  her 
s^urviving,  and  the  said  F.  II.  widow  and  relict  of  said  W.  H.  her  heir  at 
law  :  and  having  fust  made  her  will  in  writing,  bearing  date,  &c.  whereby, 
after  reciting  the  power  and  authority  given  to  her  by  said  indenture  of 
of  ,  she,  by  virtue  thereof,  did  give,  &c.  (a  third  part  oi' 

what  she  had  jjower  to  dispose  of,  to  W.  C.  and  E.  his  wife,  and  if  the) 
died  in  her  life-time,  to  the  children  of  R.  P.  by  C.  his  wife;  the  other 
third  to  W.  II.  and  F.  his  wife,  with  the  same  limitation  over  in  case  of 
their  deaths  before  the  Testatrix,  and  the  remaining  third  she  gave  to  said 


151  LI. S  FOR  INFANTS.  265 

M.  S.  for  life,  remainder  to  children  of  R.  P.  and  said  E.  his  wife,  and 
appointed  W.  C.  sole  executor.) 

That  the  said  F.  H.,  who  survived  said  W.  11.  her  husband,  departed 
this  life  on,  &"c.  leaviiio  Defendants  K.  T.  widow,  and  W.  T.  her  heirs 
at  law,  having  first  duly  made  her  last  will  in  writing,  bearing,  &'c.,  and 
thereby,  amongst  other  things,  devised,  iVc.  (all  that  she  was  entitled  to 
under  the  will  of  her  sister  A.  C.  to  W.  C.  for  life,  and  after  his  death, 
to  assign  a  third  of  the  monies  arising  from  the  sale  to  M.  B.  M.,  the 
other  third  to  T.  S.,  and  the  remaining  third  to  E.  P.  for  life,  remainder 
to  all  her  children  except  M.  F.,)  and  appointed  R.  M.  husband  of 
M.  B.  M.  and  W.  II.  executors  of  her  said  will,  who  proved  the  same 
in  the  proper  Ecclesiastical  Court,  and  are  become  her  personal  repre- 
sentatives, and  have  paid  all  her  drbts.  * 

That  said  W.  C.  who  survived  said  E.  his  wife,  died  on,  &:c.  leaving 
T.  M.  his  heir  at  law.  having  first  made  his  last  will,  bearing  date,  S:c. 
and  thereby,  among  other  things,  gave  and  devised,  Sec.  (all  what  he  was 
entitled  to  under  the  will  of  A.  C.  to  all  the  children  of  R.  P.  the  elder, 
as  tenants  in  common.)  and  appointed  W.  H.  and  L.  II.  executors,  De- 
fendants, who  proved  same  in  the  proper  Ecclesiastical  Court,  and  paid 
all  his  debts. 

That  said  T.  C  died  on,  Sec  without  ever  having  enjo3'ed  any  lucid 
intervals  from  the  time  of  having  been  first  found  a  lunatic,  and  without 
having  executed  such  appointment  as  by  said   indenture  of  he 

was  empowered  to  make;  and  that  said  F.  H.  as  heir  at  law  of  said  A.  C. 
being,  by  virtue  of  the  limitations  contained  in  said  indenture  in  favor  of 
her  right  heirs,  well  entitled  to  one  moiety  of  said  £  ,  or  the  lands  to 
be  purchased  therewith,  by  virtue  of  said  A.  C.'s  will,  and  her  having 
survived  said  VV.  H.  her  husband,  such  the  right  of  said  F.  H.,  by  virtue 
of  her  said  will,  and  no  appointment  having  been  made  by  said  T.  C, 
vested  in  the  Plaintifl'  R.  \V.  and  Defendant  W.  H.  upon  the  trusts 
therein  mentioned,  and  by  virtue  of  the  benefits  contained  in  the  wills  of 
said  A.  C.  and  W.  C,  the  PlaintilTs  R.  P.  the  younger,  W.  P.  &c.  &c. 
became  entitled  to  the  other  two-thirds  of  a  moiety  of  said  £  ,  or 
the  lands  to  he  purchased  therewith,  as  in  said  two  wills  particularly 
mentioned. 

That  said  E.  T.  is  lately  dead,  leaving  said  Defendant  VV.  T.  her  heir 
at  law,  and  also  solfe  heir  at  law  of  F.  11.  deceased. 

That  said  £  3  per  cent,  annuities  have  not  been  laid  out  in  the 

purchase  of  any  lands,  &c.  but  are  still  standing  in  the  name  of  said 
Accountant  General,  in  trust,  in  the  said  matter  of  A.  B.  the  purchaser, 
and  the  dividends  which  have  accrued  thereon  since  the  death  of  said 
T.  C.  up  to,  &c.  amounting  to  £  ,  have  been  received  by  said 

Accountant-General,  and  placed  to  the  credit  of  said  matter.     And  the 


266  rilLLS  FOR  INFANTS. 

Plaintids  being  respectivefy  interested  in  said  £  and  the  dividends 
tlicreot",  hoped  to  have  had  the  said  bank  annuities  and  said  dividends 
transferred  and  paid  accordingly,  and  that  no  opposition  would  have  been 
made  thereto,  but  that  the  said  Defendants  A.  C.  and  T.  C.  object 
thereto,  under  a  pretence  that  they  are  interested  in  said  stock  and  divi- 
dends, alleging  that  said  T.  C.  betbre  he  became  a  lunatic,  and  on,  &:c. 
duly  made  his  last  will  in  writing,  in  the  presence  of  three  subscribing 
witnesses,  and  thereby  gave  to  them  anrl  to  G.  C.  and  H.  C.  who  died 
in  the  lite-time  of  T.  C.  c£  ,  share  and  share  alike,  to  be  paid  to  them 
on  the  death  of  his  said  wife ;  and  that  the  said  T.  C.  by  said  pretended 
will,  charged  said  one-fourth  part  of. said  moiety  of  said  premises  with 
the  payment  of  said  legacy,  and  that  by  virtue  of  said  will,  which  they 
allege  is  a  due  execution  of  the  power  reserved  to  him  by  said  indenture 
of,  «fcc.,  they  are  now  entitled  to  be  paid  the  said  legacy  of  £  out  of 

said  £  3  per  cent.  Consolidated  Bank  Annuities. 

Charge  contrary,  and  that  said  T.  C.  never  did  execute  any  will,  or 
if  he  did,  such  will  was  not  duly  executed,  &c.  as  required  by  said  in- 
denture ot",  &c.  or  as  required  by  law,  Ac. ;  but  if  said  T.  C.  ever  exe- 
cuted such  will,  and  according  to  the  terms  of  the  power  given  him  by 
said  indenture  of,  &c.  which  they  do  not  admit,  yet  they  charge  that  he 
afterwards  destroyed  or  cancelled  the  same,  which  Defendants  will  some- 
times admit. 

Pretend,  that  he  destroyed  or  cancelled  the  same  during  his  insanity. 
Charge  conirari/,  and  that  if  there  ever  existed  such  supposed  will,  the 
said  T.  C.  destroyed  or  cancelled  the  same  previous  to  his  lunacy,  and 
whilst  compos  mentis,  and  in  some  lucid  interval.  But  even  if  the  claim 
of  said  Defendants  could  be  siihslantiated,  Flaiutilf  K.  M.  and  Defen- 
dant W.  H.  allege  that  they  are,  under  said  will  of  said  F.  II.  entitled  in 
trust  to  all  such  part  o''  said  moiety  as  is  not  effectually  disposed  of  by 
said  will,  and  that  said  E.  T.  and  W.  T.  who  are  heirs  at  law  of  said 
F.  H.  and  also  of  said  A.  C,  and  T.  JM.  who  is  heir  at  law  of  said 
W.  C.  make  some  objection  to  said  stock  and  dividends  being  so  trans- 
terred,  alleging  that  the  wills  of  said  A.  C,  F.  H.,  and  W.  C.  were 
not  executed  so  as  to  affect  their  interest  therein,  and  that  they  are  re- 
Sjjectivcly  entitled  to  some  shares  or  interests  therein,  and  of  the  divi- 
dends thereof,  or  of  the  lands  to  be  purchased  tlierewith.  And  the  said 
T.  xM.  as  heir  at  law  of  said  W.  C.  the  trustee  named  in  the  said  act, 
also  makes  some  objection  to  such  transfer  without  the  decree  of  this 
honorable  Court.     To  the  end,  &c. 

PruTjer. 

That  the  wills  of  the  said  A.  C.  &c.  u)ay   be   established,  and  that  it 
may  be  decreed  that  the  Accountant-General  do  transfer  to  Plain- 


BILLS  FOR  INFANT3-  267 

tifl's  R.  M.  and  Defendant  W.  H.  upon  the  trusts  aforesaid,  one 
moiety,  and  also  one-third  of  a  moiety  of  said  £  3  ptr  ti;,it. 
&c.  and  pay  them  a  just  proportion  of  said  di%'idends  accrued  due 
thereon  since  the  death  of  said  T.  C,  and  to  accrue  due  thereon 
before  such  transfer,  and  that  he  may  also  transfer  the  remaining 
two-thirds  of  one  moiety  of  said  £  and  the  dividends  thereof, 

to  or  for  the  use  of  the  Plaintifls  R.  P.  the  younger,  W,  P.  &c.  iii 
equal  proportions,  and  that  in  case  any  such  will  shall  be  pretended 
to  have  been  made  by  said  T.  C.  as  aforesaid,  then  that  an  issue 
may  be  directed  to  try  the  validity  thereof,  and  if  such  will  shall  be 
found  on  the  trial  of  such  issue  to  be  vahd,  then  that  so  much  of 
said  moiety  as  is  not  efiectually  disposed  of  may  be  paid  to  Plain- 
tiff R.  M.  and  Defendant  W.  H.  with  the  dividends  thereof,  upon 
the  trusts  aforesaid  ;  and  for  further  relief. 


Bill  to  raise  a  Sum  of  Money  ivliich  had  been  paid  by 
Plaintiff,  Tenant  for  Life  under  a  Will,  to  make  up  a 
Legacy  charged  on  such  Estate,  the  next  Tenant  in 
Tail  being  an  Lfant.  Freehold — Copyhold — Rever- 
sions— Personals. 

States,  that  J.  N.  late  of,  &c.  deceased,  in  his  life-time  was  seised  of 
in  fee-simple,  and  in  posiession  of,  divers  freehold  manors,  messuages, 
farms,  lands,  tenements,  and  hereditaments,  situate,  &c.  and  also  seised 
of,  or  well  entitled  to  him  and  his  heirs,  according  to  the  custom  of  tlu.- 
several  manors  of  which  the  same  were  holden,  of  divers  coj.vhold  lands, 
hereditaments,  and  premises,  situate,  &c. ;  and  also  entitled  to  the  re- 
version in  fee-simple,  expectant  on  the  death  of,  &c.  of  or  to  divers 
other  freehold  lands,  estates,  or  premises,  &c.  situate,  &c.  of  consider- 
able yearly  value  in  the  whole;  and  also  possersed  of  or  entitled  to  a 
personal  estate  and  effects,  to  a  large  amount  and  value  in  the  whole, 
and  being  so  seised,  and  having  duly  surrendered  his  copyliold  lands  and 
premises,  according  to  the  custom  of  the  several  manors  of  which  the 
same  were  respectively  holden,  to  the  uses  of  his  will^  duly  made  and 
published  his  last  will  and  testament  in  writing,  &c. 

It  then  goes  on  to  state  the  death  of  Testator,  lertvingPlaiPilifT,  an  in- 
fant, his  eldest  son  and  heir  at  law,  his  daughter,  also  an  infant,  him  sur- 
viving. Executors  proved.  But  two  of  the  trustees  never  in  any  manner 
acted  in  the  trusts  and  executorship  of  will,  or  possessed  any  part  of  Tes- 
tator's estate  or  effects,  or  of  the  produce  tlif  reof;  W.  R.  alone  acted  in 
Ifhe  trusts  and  executorship  of  will,  and  by  virtue  thereof,  or  of  th?  pro- 


268  BILLS  FOR    IM'ANTS. 

bale  therpof,  possessed  himself  of  the  personal  estate  and  effects  of  or  be- 
longing to  ihe  said  Testator  at  the  time  of  his  death,  to  a  large  amount  and 
value  in  the  wiiole,  and  mucli  more  than  sufficient  to  pay  all  his  funeral  ex- 
penses, debts,  and  the  several  legacies  given  and  bequeatlied  I)y  his  said 
will,  except  said  legacy  ol  £  to  said  W.  his  daughter,  IMaintilf's  sister  ; 
and  soon  after  Testator's  death,  all  his  debts,  together  with  the  several 
legacies  given  by  his  will,  except  £  were  duly  paid  and  sati.^fied  out 
of  Testator's  personal  estate  and  effects  not  specitically  betjueathed  by 
will. 

That  in  tenant  for  life  of  estates  mentioned  in  the  will  died, 

Plaintiff  attained  his  age  of  twenty-one.  and  became  entitled,  by  virtue 
of  will,  as  tenant  for  life,  to  possession  of  all  his  aforesaid  estates,  and  he 
accordingly  entered  upon  and  took  possession  of  same. 

That  W.  R.  who  alone  acted  in  the  trusts  and  executorship  of  will, 
upon  or  soon  after  Plaintiff 's  attaining  his  age  of  twenty-one,  {)assed  or 
settled  his  accounts  with  Plaintiff  touching  the  personal  estate  and  ef- 
fects of  Testator,  and  paid  unto  Plaintiff  the  sum  of  «£"  ,  being  the 
balance  then  appearing  to  remain  in  his  hands  0:1  the  taking  said  account, 
and  also  transferred  unto  or  into  the  nanu"  of  Plaintiff,  several  capital  or 
principal  sums  in  goverment  securities,  and  in  the  stocks  or  funds, 
to  the  amount  or  value  of  £  or  thereabouts,  being  the  remainder  of 
the  residue  and  clear  surplus  of  said  Testator's  personal  estate  and 
effects. 

That  in  ,  W.    N.,   Plaintiff's   sister,  intermarried  with  the  right 

bon.  sir  J.  S.,  bart.,  and  that  they  had  issue  one  son  only,  J.  S.  now  an 
infant :  in  Plaintiff's  sister  died,  leaving  her  husband  sir  J.  S. 

and  the  said  J.  S.  then  and  still  an  int'ant,  her  eldest  and  only  son,  and 
also  her  heir  at  law,  her  surviving.  W.  R.  during  minority  of  I'laintiff, 
paid  respective  smns,  given  and  directed  to  be  paid  by  the  will,  for  the 
maintenance  of  W.  N.  Plaintiff's  sister,  out  of  personal  estate  of  Tes- 
tator. And  from  and  after  Plaintifl's  attaining  his  age  of  twenty-one 
years,  Plaintilf  from  time  to  time  paid  out  of  his  own  proper  monies 
such   sums   for  the  maintenance  of  his   sister  until  the  day  of  when 

she  attained  the  age  of  twenty-one,  and  from  that  time  tlie  interest  of 
said  principal  sum  of  .£ 

That  in  Plaintiff  paid  unto  sir  J.  S.,  who  hath  since  the  death 

of  the  said  VV.  his  said  late  wife  obtained  letters  of  administration  of  her 
personal  estate  and  effects,  and  thereby  became  her  personal  represen- 
tative, out  of  his  own  proper  monies,  the  principal  sum  of  £  , 
Plaintiff's  said  ii.ster's  fortune,  and  the  arrears  of  interest  for  the  same 
to  that  time.  And  sir  J.  S.  signed  and  gave  unto  Plaintiff  a  receipt  for 
same,  ao  in  and  by  the  receipt,  Sec. 


BILLS    FOR    INFANTS. 


269 


That  Plairilirf,  in  consequence  of  such  payment,  became  a  creditor 
upon  said  real  estates,  charged  by  his  said  father's  will  with  payment  of 
said  legacy,  for  so  much  and  such  part  thereof  as  the  residue  and  clear 
surplus  of  Plaintifl"s  father's  personal  estate  and  effects,  or  of  the  pro- 
duce tliereof,  paid  to  Plaintifl'as  aforesaid  by  the  said  W.  R.  would  not 
extend  to  pay. 

That  in  ,  by  an  act  of  parliament  made  and  passed  in  the  year 
of  the  reign   of  his  present  Majesty,  and  in  the  year  ,  intituled, 

"  An  actfor  vesting  part  of  the  settled  estates  of  J.  N.  esq.  in  the  coun- 
''  ties  of,  Sec.  in  trustees,  to  be  sold,  and  for  purchasing  other  estates  in 
«  lieu  thereof,  to  be  settled  to  the  same  uses."  whereby,  after  reciting,  &c. 
That  since  passing  of  the  said  act,  and  in  pursuance  of  ihe  powers 
in  them  thereby  vested,  trustees  have  sold  several  parts  of  the  estates 
therein  comprised,  and  have  invested  the  produce  of  money  arising  by 
sale  thereof  in  the  purchase  of  other  estates,  situate  in  the  several 
parishes  of,  &c.,  and  which  have  been  by  certain  deeds  or  instruments 
in  writing,  bearing  date  respectively,  &c.  duly  and  properly  conveyed 
and  settled  under  the  direction  of  this  honorable  Court,  to  the  uses  of 
said  will  of  said  Testator. 

That  Plaintiil' having  paid  said  legacy  of  £  to  sir  J.  S.  is  entitled 

to  have  so  much  thereof,  or  such  sum  of  money  as  exceeded  the  amount 
of  said  Testator's  personal  estate,  paid  and  transferred  to  him  as  afore- 
said, by  W.  R.  Testator's  only  acting  executor,  raised  and  paid  out  of 
saitl  real  estates  devised  by  his  will,  and  conveyed  and  settled  as  afore- 
said, pursuant  to  said  act  of  parliament,  and  also  out  of  his  father's  real 
estates  remaining  unsold,  situate,  &c.  and  devised  by  his  said  will.  And 
Plaintiff  well  hoped  same  would  have  been  raided  and  paid  to  him  ac- 
cordingly. 

But  now,  &c.  that  the  said  J.  S.  the  infant,  who  by  virtue  of  the  will 
is  first  tenant  in  tail  of  all  the  aforesaid  real  estates  devised  by  Testator's 
will,  and  also  of  estates  conveyed  and  purchased  as  aforesaid  pursuant  to 
said  act  of  parliament,  (Plaintiff  being  unmarried  and  having  no  issue 
male,)  objects  to  or  opposes  the  raising  and  paying  unto  Plaintiff  any 
part  of  said  legacy  of  £  out  of  the  aforesaid  real  estates,  or  any 

part  thereof,  at  sometimes  alleging  that  W.  R.  only  acting  executor  of 
Testator's  will,  possessed  assets  more  than  sufficient  for  payment  ol 
aforesaid  legacy  or  portion  of  £  ,  or  however  that  the  balance  re- 
maining in  his  hands  on  settlement  of  accounts  with  Plaintiff,  touching 
such  personal  estate  and  effects,  exceeds  the  amount  of  the  money  paid 
and  transferred  to  Plaintiff  as  aforesaid,  notwithstanding  said  W.  R.  al- 
leges and  insists  to  the  contrary.  P>y  reason  whereof,  and  also  of  in- 
fancy of  said  J.  S.   Plaintiff  h  unable  to  get  such  sums  raised  and  paid 


270  BILLS    FOR    INFA-NTS. 

out  of  the  aforesaid  estates,  pursuant  to  directions  of  said  Testator's 
will,  without  the  aid  or  assistance  of  this  honorable  Court. 

At  sometimes  Defendant  J.  S.  the  infant,  claims  some  other  right  or 
interest  in  the  aforesaid  estates  or  premises,  or  some  parts  thereof;  but 
at  sometimes  refuses  to  discover  the  particulaurs  thereof,  or  how  he  de- 
rives or  makes  out  the  same. 

Pretence  some  other  mortgages,  &c. 

Prayer. 

And  that  a  sura  of  money  may  be  raised  out  of  Testator's  real  estates 
situate  in,  &c.  not  comprised  in  the  aforesaid  act  of  parliament,  and 
also  out  of  the  estates  purchased  with  the  money  arising  by  sale 
of  Testator's  real  estates  sold  pursuant  to  the  directions  of  the  said 
act,  sufficient  or  competent  with  the  money  paid  and  transferred  to 
Plamtiffas  aforesaid  by  W.  R.  the  Testator's  acting  executor,  as  the 
balance  of  his  accounts  of  the  said  executorship,  to  make  up  the 
aforesaid  principal  sum  of  £  ,  paid  by  Plaintiff  a«  aforesaid 

to  sir  J.  S.  in  satisfaction  or  discharge  of  the  legacy  or  portion  by 
the  said  will  given  to  Plaintiff's  said  sister.  And  that  the  aforesaid 
real  estates,  or  a  competent  part  thereof,  may  be  sold  or  mortgaged 
for  that  purpose  ;  and  that  all  proper  parties  may  join  therein,  as 
this  honorable  Court  shall  direct  ;  and  that  such  money,  when 
raised,  may  be  paid  to  Plaintiff.     And  for  further  relief. 

J.  S. 


271 


SECT.    XIV. — BILLS    FOR   LEGATE^. 


Bill  by   Legatees    against     Executors,   for  Payment    of 
Legacies,  and  Account. 

Humbly   complaining,  shew  unto  your  Lordship,  your  Orators  and 
Oratrixes,  H.  K.  the  elder,  of  ,  administrator  of  the  goods  and  chat- 

tels, rights  and  credits,  of  F.  K.  late  of  ,  and  son  of  the  said  H.  K. 

deceased,  H.  K.  the  younger,  of  ,  and  S.  K.  an  infant,  under  the 

age  of  twenty-one  years,  to  wit,  about  the  age  of  twenty  years,  by  the  said 
H.  K.  the  elder,  her  father,  and  next  friend,  that  J.  R.  late  of  C,  &c. 
being  possessed  of  or  well  entitled  unto  a  considerable  personal  estate, 
duly  made  and  published  his  last  will  and  testament,  and  a  codicil  there- 
unto annexed,  in  writing,  the  said  will  bearing  date  on  or  about  the 
day  of  ,  and  by  his  said  will  amongst  other  things,  gave  and  be- 

queathed unto  your  Orator  S.  K.  the  sum  of  ^  ,  of  lawful  money, 

&c.  to  be  paid  at  the  age  of  twenty-one  years,  or  day  of  marriage,  which 
should  first  happen ;  and  the  said  Testator  also  gave  and  bequeathed  unto 
your  Orator  H.  K.  the  sum  of  £  ,  of  like  lawful  money,  to  be  paid 
to  him  on  his  attaining  his  age  of  twenty-one  years,  and  the  said 
Testator  after  giving  divers  other  legacies,  gave  and  bequeathed  unto 
R.   B.  the  Defendant  hereinafter  named,  and  W.  R.  H.  of  ,  and 

who  departed  this  life  in  the  life-lime  of  the  said  Testator,  the  rest  and 
residue  of  his  estate  and  effects  in  trust,  to  be  equally  divided  between 
such  children  of  his,  the  said  Testator's  niece,  M.  K.  as  should  still  be 
living  at  the  time  of  his  decease,  and  thereby  appointed  the  said  Q.  H. 
and  R.  11.  executors  of  his  said  last  will  and  testament,  as  in  and  by, 
&c.  And,  &c.  that  the  said  J.  R.  departed  this  life  on  or  about  the 
without  revoking  or  altering  his  said  will,  save  by  the  said  codicil,  and, 
without  revoking  or  altering  the  said  codicil  or  any  part  thereof;  where- 
upon the  said  R.  B.  the  executor  in  the  said  will  named,  duly  proved  the 
same  in  the  proper  Ecclesiastical  Court,  and  undertook  the  Executorship 
thereof,  and  possessed  himself  of  the  personal  estate  and  effects  of  the  said 
Testator  to  a  very  considerable  amount,  and  more  than  sufficient  to  dis- 
charge his  just  debts,  funeral  expenses,  and  legacies.  And,  &c.  that  the 
said  F.  K.  in  tlie  said  will  of  the  said  Testator  named,  and  your  Orator 
and  Oratrix,  H.  K.  the  younger,  and  S.  K.  were  the  only  children  of  the 
said  M.  K.  in  the  said  will  named,  who  were  living  at  the  time  of  the 
death  of  the  said  Testator,  became  entitled  to  have  and  receive  his  said 
legacy  of  ^^  ,  so  bequeathed  to  him  ns  aforesaid,  and  also  his  third 


272  BILLS    FOR    LEGATEES. 

part  or  share  of  ihe  said  residue  of  the  personal  estate  and  effects  of  th^ 
said  Testator  after  payment  of  all  his  just  debts,  legacies,  and  funeral  ex- 
penses ;  and  your  Oratrix,  S.  K.  is  entitled  to  have  her  said  legacy  of 
£  ,  and  also  her  tiiird  part  or  share  of  the  said  residue  secured  for 

her  benefit,  until  she  shall  attain  her  age  of  twenty-one  years,  or  day  of 
marriage ;  and  your  Orator,  H.  K.  the  elder,  is  entitled,  as  such  admi- 
nistrator of  the  said  J.  K.  as  aforesaid  to  have  and  receive  the  remaining 
third  part  or  share  of  the  said  residue.  And,  &c.  that  the  said  J.  K. 
departed  this  life  on  or  about,  S:c.  intestate,  and  that,  since  his  death, 
your  Orator,  the  said  H.  K.  the  elder,  has  obtained  letters-  of  administra-' 
tion  of  the  personal  estate  and  eflixts  of  the  said  J.  K.  And,  &:c.  that 
your  Orator,  II.  K.  the  younger,  attained  the  age  of  twenty-one  years,  on 
or  about,  &c.  and  being  so  entitled,  your  Orators  have  made  frequent 
apphcations  to  the  saidR.  B.  to  have  the  said  legacy  of  i^  ,  and  the 

said  two-third  shares  of  the  residue  paid  to  them  respectively.  And 
your  Oratrix  hath  also  applied  to  him,  the  said  R.  B.  to  lay  out  and  in- 
vest her  said  legacy  of  £  ,  and  her  third  share  of  her  said  residue, 
upon  some  proper  security,  for  her  benefit,  until  she  shall  attain  her  age 
of  tweuty-one  years,  or  day  of  marriage,  with  which  just  and  reasonable 
requests  your  Orators  and  Oratrix  well  hoped  that  he,  the  said  Defen- 
dant, would  have  complied,  as  injustice  and  equity  he  ought  to  do.  But 
now  so  it  is,  Szc.  absolutely  refuses  so  to  do,  sometimes  pretending  that 
the  said  Testator  never  made  any  such  « ill,  as  is  hereinbefore  stated. 
Whereas  your  Orators  and  Oralrix  charge  the  contrary  thereof  to  be 
true,  and  so  the  said  Defendant  will  at  other  times  admit.  But  then 
again  he  pretends,  that  the  said  Testator's  personal  estate  was  very  small 
and  inconsiderable,  and  not  nearly  sufficient  to  pay  and  satisfy  his  just 
debts  and  funeral  expenses.  Whereas  j'our  Orators  and  Oratrix  ex« 
presslv  charge,  that  the  personal  estate  and  effects  of  the  said  Testator 
were  much  more  than  sufficient  to  discharge  the  said  Testator's  just 
debts,  funei-al  expenses,  and  legacies;  and  so  it  would  appear  if  the  said 
Defendant  would  set  forth  a  full,  true,  and  particular  account,  of  all  and 
every  the  personal  estate  and  effects  of  the  said  Testator,  come  to  his 
hands  or  use,  ajid  also  a  full,  true,  and  particular  account  of  the  manner 
in  which  he  hath  disposed  of  or  applied  the  same,  but  which  the  said 
Defendant  refuses  so  to  do.  All  wliich,  &rc.  To  the  end,  therefore,  &c. 
that  they  may  set  forth  whether  the  said  Testator  did  not  make  his  will 
and  codicil  of  such  dale,  purport,  and  eflect,  as  are  hereinbefore  stated, 
•r  of  some  other,  and  what  purport  and  effect  in  particular  ;  and  whether 
the  said  Testator  did  not  dejjart  this  life  at  or  about  the  time  in  that  be* 
half  btfore  mentioned,  Qr  any,  and  what  other  time,  and  whether  he  ever, 
and  wiicn,  and  Ijow  in  particular,  revoked  or  altered  his  said  "fvill; 
<^ve  inaismuch  as   the  same  might  be  revoked  by  the  said  codiciK  and 


BILLS  FOR  LEGATEES.  273 

wiu.'tlier  lie  ever,  and  when  and  how,  revoked  the  said  codicil ;  and  whe- 
ther the  said  11.  II.  in  the  said  will  named,  did  not  die  in  the  lile-time 
of  the  said  Testator,  and  whether  the  said  Defendant  did  not  prove  the 
same  in  some,  and  what  Ecclesiastical  Court,  and  did  not  take  upon  him- 
self the  execution  thereof,  and  is  not  the  personal  representative  of  the 
said  Testator,  or  who  is  such  personal  representative  in  particular;  and 
whether  the  said  Defendant  hath  not  possessed  himself  of  the  said  Tes- 
tator's personal  estate  and  effects  to  a  considerable,  or  some  and  what 
amount,  and  whether  the  same  are  more  than  sufficient  to  discharge  his 
just  debts,  funeral  expenses,  and  legacies ;  and  whether  the  said  J.  K. 
deceased,  and  your  Orator  and  Oratrix,  H.  K.  the  younger,  and  S.  K. 
were  not  the  only  children  of  the  said  M.  K.  in  the  said  will  named,  who 
were  living  at  the  time  of  the  death  of  the  said  Testator  ;  and  whetlier  J.  K. 
did  not  depart  this  life  on  or  about  the  time  aforesaid  ;  and  whether  the 
said  J.  K.  did  not  die  intestate  ;  and  whether  your  Orator,  the  said  II.  K. 
the  elder,  has  not  obtained  letters  of  administration  of  his  personal  estate 
and  effects,  to  bo  granted  to  him,  or  who  else  in  particular  has  obtained 
such  letters  of  administration,  and  whether  your  Orator,  the  said  H.  K  the 
younger,  did  not,  at  or  about  the  time  aforesaid,  attain  his  age  of  twenty- 
one  years,  or  at  what  other  time,  and  whether  your  Orators  and  Oratrix 
are  not  entitled  as  aforesaid  or  if  not,  why  not ;  and  whether  they  have 
not  made,  or  caused  to  bo  made,  some  such  applications  as  aforesaid,  or 
some  other,  and  what  applications  ;  and  whether  the  said  Defendant  hath 
not  refused  to  comply  therewith,  and  for  what  reason  in  particular,  and 
that  the  said  Defendant  may  set  forth  a  particular  account  of  all  and 
every  the  personal  estate  and  effects  of  the  said  Testator,  come  to  his 
bands  or  use,  ar^d  also  an  account  of  the  manner  in  which  he  hath,  or  dis- 
posed of  the  same,  and  every  part  thereof. 

Prayer. 

And  that  the  said  Defendant  may  answer  the  premises,  and  th.at  an 
account  may  be  taken  of  the  personal  estate  and  effects  of  the  said 
Testator,  come  to  the  hands  of  the  said  Defendant,  and  also  an  ac- 
count of  his  funeral  expenses,  debts,  and  legacies,  that  the  same  may 
be  applied  in  a  due  course  of  administration,  and  that  the  said  De- 
fendant may  be  decreed  to  pay  to  your  said  Orator  II.  K.  the 
youaiger^  his  aforesaid  legacy  of  £  ,  and  that  the  clear  rcsidu/;  of 
the  said  Testator's  personal  estate  and  effects  may  be  ascertained, 
and  that  such  share  thereof  as  shall  appear  to  belong  to  your  Ora- 
tors, may  be  paid  to  them  respectively,  and  that  your  Oratrix's  said 
legacy  of  £  ,  and  also  sujcIi  share  of  the  said  residue  as  she  shall 
appear  to  be  entitled  to,  may  be  s,ecured  for  her  benefit ;  and  that, 
for  those  purposes,  all  proper  directions  may  be  given.  And  for 
general  relief.  Sec.  J.  L. 

36 


In 


BILLS  FOR  LEGATEES. 


Bill  bij  residuary  Legatees  against  Executors  to  establish 
a  Will  for  the  usual  Accounts^  that  Executors  may  be 
charged  ivith  any  Losses  for  not  laying  out  Money  as 
directed ;  that  fVidoiv  may  sign  and  deposit  an  Inven- 
tory of  Household  Furniture  to  which  she  ivas  entitled 
for  Life. 

Humbly  complaining,  shew  unto  your  l^ordsliip.  yora-  Orators  and 
Oratrixes  J.  A.,  of,  Sec.  S.  P.,  of,  &c.  widow,  E.  U.,  of,  Sec.  spinster, 
R.  A.,  of,  &,c.  widow,  and  G.  T.  W.  and  A.,  his  wife ;  that  K.  A.,  late 
of,  Sec.  duly  noade  and  published  his  last  will  and  testament,  in  writing, 
bearing  date,  &■€.,  which  was  executed  and  attested,  as  by  law  is 
required  tor  passing  real  estates  b}'  devise,  and  therein-,  after  giving  two 
■pecuniary  legacies,  the  said  Testator  gave,  devi.;ed,  and  bequeathed  all 
his  estate  and  effects,  as  well  real  at;  personal,  whatsoever  and  wlienso- 
ever,  and  of  what  nature,  kind,  or  quality  «oever,  unto  his  brother,  your 
Orator,  J.  A.,  and  his  friends  W.  N.,  of,  dc.  W.  II.,  of,  cVc,  one  of  the 
Defendants  hereinafter  named,  and  T.  S.,  another  Defendant  hereinafter 
named,  their  executors,  upon  trust,  ttc.  (to  make  sale  of  his  estate,  and  in 
so  doing  sliould  give  a  preference  to  his  relations,  and  out  of  the  produce 
to  pay  debts  and  legacies,  &c.  and  to  invest  £  ,  to  be  payable  to  hi? 
niere  A.  V.  at  twenty-one,  or  marriage,  who  aftprwards  died  in  Testa- 
tor's lile  time,  to  pay  his  wife  an  annuity  of  £  .  and  as  to  £  for 
such  per«ons  as  bis  wife  should  appoint ;  and  as  to  the  remainder,  one- 
fifth  to  his  nephew  J.  A.,  another  Defendant,  and  S.  P.,  the  children  of 
his  brother  R. ;  one-tilth  to  his  nieces,  plaintiffs,  E.  V.,  R.  A.,  and 
A.  U.,  who  died  in  Testator's  life-time,  one-fifth  to  phiiniiff  J.  A.  ;  one- 
"fiftii  to  the  ciiildren  of  his  brother  R  ;  and  the  remaining  fifth  part  tQ  the 
children  of  his  sister  M.,  then  the  wife  of  \V.  N.)  And  your,  &c..'that 
the  said  Testator  afterwards  duly  made  and  published  a  codicil,  I'xi  writing, 
to  his  will,  bearing  date,  «S:c.  and  executed,  Sec.  and  thereby,  alter  reciting, 
&c.  (appointed  J.  R.,  of.  Sec.  J.  K.,  of,  Sec.  two  other  Defendants,  and 
his  wife  S.  A.,  executors,  instead  of  those  mentioned  in  said  will  j  and 
stating  that  he  had  purchased  some  lands,  and  directing  them  to  be  sold 
to  pay  debts  and  legacies,  Sec.  and  the  overplus  to  be  placed  out  .at  in- 
tere^t  and  paid  to  his  wife,  and  giving  her  the  use  of  the  furniture,  and  cows 
and  horses  for  her  life,  and,  after  her  decease,  llie  principal  to  be  paid  to 
nephews  and  ni^^ces,  as  directed  by  the  will,j  as  in  aiul  by.  Sec.  And 
your,  Sec.  that  the  said  Testator  K.'  A.  departed  this  life,  on  or  about, 
&c.  without  issue  and  without  having  altered  or  revoked  his  said  will, 
other  than  by  the  said  coilicil.  and  williout  having  altered  or  revoked  his 


BILtS    FOR   LEGATEES.  275 

saW  codicil,  leaving  his  nephew,  the  said  J.  A.  one  of  the  Defendants, 
&;c.  who  was  the  only  son  of  the  said  R.  A.  the  elder  brother  of  the  said 
Testator  his  heir  at  law  ;  and  thereupon  the  said  S.  A.  the  widow  of  the 
said  Testator,  another  Defendant,  &c.  the  said   J.  R.  and  J.  K.  the 
executrix  and  executors,  in  the  said  codicil  named,  duly  proved  the  said 
will  and  codicil  in  the  proper  Ecclesiastical  Court,  and  undertook  the 
executorship  thereof,  and  by  virtue  thereof  possessed  thpni?elves  of  the 
personal  estate  and  efiects  of  the  said  Testator  to  an  amount  and  value 
greatly  more  than  sufficient  to  pay  and  satisfy  his  funeral  expenses,  just 
debts,  and  legacies  ;  and  tli^  said  S.  A.,  J.  R.  and  J.  K.  also  entered 
into  the  possession  of  the  freehold  and  leasehold  estates  of  the  said  Tes- 
tator, or  into  the  receipt  of  the  rents  ai%\  profits  thereof,  &c.     And  your, 
&c.  that  your  Orator  J.  A.  hath  aot,  nor  had,  at  the  death  of  the  said 
Testator,  any  child,  and  that  your  Oratrix,  A.  W.  was  at  the  death  of  the 
said  Testator,  the  only  surviving  child  of  the  said  Testator's  brother  R.  A., 
and,  as  such,  is  sole  legatee  of  onofifth  of  the  said  Testator's  residuary  es- 
tate ;  and  that  \V.  N.  the  younger,  who  survived  the  said  Testator,  but  is 
since  dead,  and  T.  N.,  of,  &c.  another  Defendant,  &c.  were,  at  the  death 
of  the  said  Testator,  the  only  surviving  children  of  the  said  Testator's  sister 
M.,  and,  as  such,  were  legatees  as  tenants  in  common  of  one  other  fifth 
part  of  the  said  Testator's  residuary  estate.     And  your  Orators  and 
Oratrixes  shew,  that  tiie  said  W.  N.  the  younger,  had  before  his  death, 
attained  his  age  of  twenty-one  years,  and  that  he  duly  made  and  publish- 
ed his  last  will  and  testament,  in  writing,  and  thereby  appointed  his  said 
brother  the  said  Defendant  T.  N.  and  J.  II.,  of,  &c.  and  S.  H.,  of,  dr. 
other  of  the  Defendants   hereinafter  mentioned,  the  executors  thereof, 
who  have  duly  proved  the  same  in  the  proper  Ecclesiastical  Court,  and 
are  thereby  become  representatives  of  the  said  W.  N. ;  and  your  Orators 
and  Oratrixes  shew,  that  the  said  A.  U.,  afterwards  A.  L.,  one  of  the 
nieces  of  the  said  Testator,  having  died  in  his  Hfe-time,  the  one-third  of 
one-fifth  part  of  the  said  Testator's  said  residuary  estate,  bequeathed  to 
her  as  aforesaid,  became  lapsed.     And  your,  &c.  that  your  Orators  and 
Oratrixes,  except  your  Orator  G.  T.  W.,  are  next  of  kin  of  tlie  said  Tes- 
tator, and  were  with  the  said  W.  N.  the  younger,   deceased ;  and  the 
said  Defendants  J.  A.  the  younger,  and  T.  N.,  the  only  next  of  kia  of 
the  said  Testator,  at  his  death,  and  are,  together  with  the  said  S.  A.,  the 
widow  of  the  said  Testator,  entitled  to  divide  thp  said  lapsed  legacy 
amongst  them,  according  to  the  proportions  specified  in  the  statute  of 
distributions.     And  your  Orators  and  Oratrixes  shew  that  your  Orator 
J.  A.  hath,  on  their  part,  in  a  friendly  manner  repeatedly  applied  to  the 
said  Defendants  S.  A.,  J.  R.,  and  J.   K.,  and  hath  requested  them  to 
come  to  a  just  and  true  account  of  their  receipts  and  payments  as  execu- 
trix and  executors,  and  in  thf^  trusts  of  the  said  T^stator',^  will,  and  to 


276  BILLS    FOR    LF:GATELb. 

lay  out  and  invest  the  said  Testator's  residuary  estate;,  upon  proper  secu- 
rity, particularly  in  the  public  or  government  funds,  for  the  benefit  of  all 
parties  interested  therein ;  and  your  Orators  and  Oratrixes  well  hoped, 
&c.  refuse  so  to  do.  And  the  said  Defendants,  at  some  times,  pretend, 
that  the  personal  estate  and  effects  of  the  said  Testator  were  small  and 
inconsiderable,  -«nd  not  sufficient  to  pay  and  satisfy  his  funeral  expenses 
and  just  debts,  and  that  they  have  been  obliged  to  apply  the  rents, 
profits  and  produce  of  the  real  estate  of  the  said  Testator,  in  aid  of  his 
personal  estate,  in  payment  of  his  funeral  expenses,  debts,  and  legacies, 
whereas  your  Orators  and  Orutrix  charge,  that  the  personal  estate  of  the 
said  Testator  was  greatly  more  than  sufficient  for  payment  of  his  funeral 
expenses,  debts,  and  legacies,  and  tliat  so  it  would  appear  if  the  said 
Defendants  would  set  forth,  as  they  ought  to  do,  a  just  and  true  account 
thereof,  and  of  their  application  thereof;  and  your  Orators  and  Oratrix 
further  charge,  that  the  freehold  and  leasehold  estates  of  the  said  Tes- 
tator, or  some  of  them,  have  been  sold  by  the  said  Defendants  and  a  very 
larii;e  sum  of  monej',  but  for  the  default  and  neglect  of  the  said  Defen- 
dants might  have  been  produced  therefrom,  and  invested  ujwn  the  trusts 
of  the  said  Testator's  v.ill,  to  the  great  advantage  of  the  residuary  lega- 
tees who  are  ultimately  to  divide  the  capital  of  the  said  residue;  and 
your  Orators  and  Oratrix  charge,  that  the  said  Testator  died  seised, 
among  other  estates,  of  a  certain  messuage,  tenement,  or  farm,  called,  &c. 
and  tliat  the  said  Defendants,  under  the  pretence  of  some  verbal  agrec- 
nvent  made  by  the  Testator  in  his  life-time,  but  which  was  in  no  manner 
binding  upon  them,  have  sold  the  raid  messuage  or  tenement  and  farm 
at  considerably  less  than  its  real  value,  or  what  the  same  would  have  pro- 
duced at  a  public  sale,  and  in  the  place  of  laying  out  and  investing  the 
purchase-money  in  such  manner  as  should  Ge  most  for  the  advantage  of 
the  residuary'  legatees.  Defendants  have  permitted  the  purchase-money, 
or  the  greatest  part  thereof,  to  remain  in  the  hands  of  the  purchaser  on 
hi.  personal  security,  and  Defendants  have  sold  other  parts  of  the  real 
estates  of  said  Testator  by  auction,  particularly  a  part  of  his  estate  at, 
&c.  in  a  very  improper  and  incautious  manner,  and  have  in  like  manner 
neglected  to  get  in,  lay  out  and  invest  the  produce  thereof,  as  should  be 
most  advantageous  for  tlie  residuary  legcitees,  and  have  permitted  the 
same  or  the  greater  part  thereof,  to  remain  en  mortgage  of  the  estate  so 
sold  as  last  aforesaid,  and  in  such  several  sales  have  neglected  to  give  a 
preference  to  the  relations  of  the  said  Testator,  pursuant  to  the  directions 
in  his  said  will  for  that  purpose;  and  your  Orators  and  Oratrix  further 
charge,  that  the  said  Defendant,  J.  A.,  protends  that  the  said  will  anu 
codicil  of  the  said  intestate  were  not  executed  and  attested  so  as  to  pass 
real  estates  by  devise,  and  that  he  is  therefore  entitled  to  the  real  estate 
of  the  said  Testator,  as  his  heir  at  law;  and  your  Orators  and  Oratrix. 


BILLS    FOR    LEGATEES.  277 

fiirther  charge,  that  the  said  Defendants,  W.  N.,  the  elder,  W.  11.,  and 
J.  O.,  who  witli  j'uur  Orator,  J.  A.,  are  the  surviving  trustees  and  de- 
visees, named  in  the  will  of  tlie  said  Testator,  claim  to  have  some  legal 
estate  or  intercsi  in  the  freehold  piroperty  of  the  said  Testator,  under  and 
by  virtue  of  his  said  will ;  and  your  Orators  and  Oratrix  charge,  that  the 
said  defendant,  S.  A.,  ought  to  have  made  out  and  sign,  and  '  liould  now 
make  out  and  sign,  upon  oath,  and  deposit  with  one  of  the  Masters  of 
this  honorable  Court,  for  the  benefit  of  all  persons  interested,  an  inven- 
tory of  the  horses,  cows,  and  furniture,  which  she  claims  to  have  the 
use  of,  for  life,  under  the  ?aid  will  and  codicil  of  the  said  Testator. 
All  which,  &c. 

Prayer. 

And  that  the  saixl  Defendant  may  answer  the  premises,  and  that  the 
said  will  of  the  said  Testator  may  be  decreed  to  be  well  proved, 
and  the  trusts  thereof  performed  and  carried  into  execution ;  and 
that  an  account  be  taken  of  the  personal  estate  and  effects  of  the 
said  Testator  which  have  come  to  the  hands  or  use  of  the  said  De- 
fendants, S.  A.,  J.  R.,  and  J.  K.,  or  either  of  them  ;  and  that  an 
account  may  also  be  taken  of  the  rents,  profits,  and  produce  of  the 
real  estates  of  the  said  Testator  which  have  come  to  the  hands  or 
use  of  the  said  Defendants,  or  either  of  them,  or  but  for  their  wilful 
default  or  neglect  might  have  been  received  by  them,  some,  or  one 
of  them.  And  that  the  estates  of  the  said  Testator,  if  any,  remain- 
ing unsold,  may  forthwith  be  sold,  by  and  under  the  direction 
of  this  honorable  Court.  And  that  all  proper  parties  may  join  in 
such  sales,  and  that  the  said  Defendants  may  be  made  answerable 
for  such  loss  or  losses  as  shall  appear  to  have  been  sustained,  to  the 
prejudice  of  tixe  said  Testator's  residuary  estate,  by  reason  of  the 
said  Defendants  having  refused  or  neglected  to  lay  out  and  invest 
the  same  according  to  the  trusts  of  the  said  Testator's  will  and  codi- 
cil; and  that  an  account  may  be  taken  of  such  loss.  And  that  an 
account  may  also  be  taken  of  the  funeral  expenses,  debts  and  lega- 
cies of  the  said  Testator,  and  that  the  same  may  be  duly  paid. 
And  that  the  clear  residuary  estate  of  the  said  Testator  may  be  ascer- 
tained and  secured  by  this  honorable  Court,  for  the  benefit  of  all 
, persons  interested  therein.  And  that  the  said  Defendant  S.  A.  may 
sign  and  deposit  with  one  of  the  Masters  of  this  honorable  Court, 
an  inventory  of  the  horses,  cows,  and  furniture  which  she  claims  to 
be  entitled  to  for  her  life,  under  the  said  Testator's  will  and  codicil. 
And  for  further  relief.  <fec. 

J.  L- 


278  BILLS  FOR  LEGATEES. 

Bill  by  a  Ifife  against  Executor  and  her  Husband,  for  a 
Legacy  left  to  her  sole  and  separate  Use, 

Humbly,  &c.  your  Oratiix  E.  H.  wife  of  F.  H.  of,  &c.  by  I.  T.  of, 
&c.  her  next  friend,  debtor,  &c.  that  M.  M.  of,  &c.  your  Oratrix's 
sister,  being  possessed  of  a  considerable  personal  estate,  did,  on  or  about, 
Sl'c,  duly  make  and  publish  her  last  will  and  testament  in  writing,  and 
thereby,  amongst  other  things,  bequeathed  as  follows,  (that  is  to  say,  &c. 
gave  PlaintifloC  to  her  sole  use,)  as  in  and  by,    &c.  And  your,  &c. 

that  the  said  Testatrix  departed  this  life,  on  or  about,  &c.  without 
altering  or  revoking  her  said  will,  and  the  said  W.  ^L  duly  proved  the 
said  will  in  the  proper  Ecclesiastical  Court,  and  took  upon  himself  the 
execution  thereof,  and  by  virtue  thereof,  hath  possessed  himself  of  the 
said  Testatrix's  personal  estate  to  a  very  considerable  amount,  and  more 
than  sufficient  to  discharge  her  just  debts,  funeral  expenses,  and  legacies. 
And  your,  &c.  that  she  hath  several  times  since  tlie  said  legacy  of  £ 
became  due  and  payable,  applied  to  the  said  W.  M.  to  have  the  same 
applied  and  paid,  wrth  which  just  and  reasonable  requests  your  Oratrix 
well  hoped,  &c.  But,  &c.  he  refuses  to  pay  your  Oratrix's  said  legacy, 
and  in  order  to  colour  the  said  refusal,  he  does  at  some  time*  pretend, 
that  the  said  Testatrix  never  made  such  will.  Charge  contrary.  And  so 
the  said  confederates  will  at  other  times  admit,  but  then  he  pretends,  per- 
sonalty insuflicient,  and  that  he  hath  disposed  of  the  same  in  satisfaction 
of  what  debts  were  due,  as  far  as  it  would  extend.  Charge  contrary,  Sfc. 
And  he  hath  in  a  letter  dated.  Sec.  assented  to  the  same  and  promised  to 
pay  it.  And  the  said  Defendant  I.  H.  insists  that  the  said  legacy  ought 
to  be  paid  to  her  for  her  separate  use.     All  wliich,  &c. 

Prayer. 

And  that  the  said  Defendant  W.  H.  if  he  shall  admit  assets,  may  be 
decreed  to  pay  to  your  Oratrix  the  said  sum  of  £  with  interest 

for  the  same.  And  if  the  said  W.  M.  shall  not  admit  assets,  then 
that  an  account  may  be  taken  of  the  personal  estate  of  the  said  Tes- 
tatrix, and  of  her  debts,  legacies,  and  funeral  expenses.  And  that 
her  personal  estate  may  be  applied  in  a  due  course  of  administration. 
And  for  further  relief,  may  it  please,  &'c. 

W.  A. 

Pray  Subpania  against  W.  .V.  niui  F.  II. 


279 


SECT.  XV. — BILLS  TO  SET  ASIDE  AX  A^VA^.!>. 


BUI  to  have  Arhliration  Bonds  deUvcred  up  iu  be  cancelled, 
the  Award  being  void,  and  an  Injunction  from  proceed- 
ing on  Said  Bonds. 

Humbly  complaining,  shew  unto  your  Lordsliip,  your  Orators  P.   15. 
<,f  '    ,  and  C.  M.  of  ;  that  W.  W.  of  ,  and  J.  B. 

of  the  same  place  also,  druggist  and  chemist,  Defendants  hereinafter 
named,  did,  in  or  about  the  month  of  ,  carry  on  the 

trade  or  mystery  of  druggists  and  chemists  together  as  partners,  under 
certain  articles  of  agreement,  theretofore  made  between  them,  and  bear- 
ing date  on  or  about  the  day  of  whereby  they  had  agreed 
to  become  copartners  ,in  the  said  trade  or  mystery  of  druggists  and 
chemists  for  the  term  of  21  years,  from  the  day  of  the  date  thereof,  if 
they  should  so    long  live,  but  determinable  nevertheless  by  either  of 
them,  upon  the  first  7,  or  first   J4  years  of  the  said   term  of  21  years, 
upon,   under,   and   subject  to  ceitain   terms  and  conditions  in  the  said 
articles  of  agreement  expressed.     And  your  Orators,  Sec.  that  certain 
differences  and  disputes  having  arisen  between  the  siiid  W.  W.  and  J.  B. 
It  was  agreed,  by  and  between  them,  to  refer  their  said  differences  and 
di!?|iutes  to  arbitration,  and  thereupon  the  said  R.  W.  and  J.  B.  each 
duly  made,  executed,  and  delivered  to  the  other,  a  certain  bend  or  obli- 
gation in  writing,  bearing  date  on  or  about  the  ,  whereby  they  re- 
spectively bound  themselves,  their  heirs,  executors,  and  administrators 
the  one  to  the  other  of  them,  in  the  penal  sum  of  £  ^  vvith  a 
condition  to  each  of  the  said  bonds  respectively  underwritten,  whereby 
it  was  provided,   that  if  the  obligor  to  such  bond,  his  heirs,  executors 
or  administrators,  did  and  should,  &c.  (^fstate  condition  of  the  bond)  as 
by  the  said  bonds  or  obligations,  and  the  said  conditions  respectively 
there  underwritten,  reference  being  thereunto  had,  when  produced  to 
this  honorable  Court,   will,  amongst  other  things,   more  fully  and  at 
large  appear.     And  your  Orators,  &c.  that  the  said  R.  W,  and  the  said 
P.  S.  (the  two  arbitrators)  pro,cc«led  on  the  said  arbitration,  biii  not 
agreeing  to  make  an  award  therein,  did  on  or  about  the  under 
the  power  by  tlie  said  arbitration  bonds,  in  tliat  behalf  given,  nominate 
and  appoint  R.  F.  of               ,  an  umpire  between  them  respectively,  of 
the  matters  so  referred  and  submitted  as  aforesaid.     And  your  Orators, 
&c.  that  in  the  course  of  the  investigation  of  the  aforesaid  matters,  it 
was  suggested  to  the  said  W.  W.  by  the  said  arbitrators,  or  one  of  them, 


^80  HILL  TO   SE'i  ASIDE  AN  AWARD. 

that  if  the  said  arbitrators  slioiild  determine  upon  a  dissoliitioia  ot 
the  aforesaid  partnersliip  between  him  the  said  ^V.  W.  and  the  said 
J.  B.  and  should  award  that  tl)e  said  W.  W.  should  continue  in  t!)e  busi»- 
hess,  and  pay  and  secure  all  debts  owing  by  or  to  the  said  partner- 
ship concern,  and  should  also  pay  a  certain  simi  of  money  to  the  said 
J.  B.  a  diflinilty  would  arise  for  want  of  a  sufficient  security  to  the  said 
J.  B.  against  the  outstanding  debts  and  claims  upon  the  copartnership, 
and  for  the  dire  payment  of  the  said  sum  of  money  which  might  be  so 
awarded  to  him  as  aforesaid.  And  your  Orators,  iVc.  tliat  the  said 
W.  W.  in  order  to  obviate  and  remove  the  said  difliculty,  applied  to 
your  Orators  and  riequested  them  to  join  him  as  securities  in  a  bond  to 
the  said  J.  B.  for  that  purpose,  and  your  Orators  having  consented 
thereto,  they,  and  the  said  AV,  W.  did,  by  a  certain  bond  or  obligation, 
sealed  with  their  respective  seals,  and  bearing  date  on  or  about  the 
,  jointly  and  severally  bind  themselves,  and  each  of  their  heirs, 
executors,  and  administrators,  for  the  payment  of  the  sum  of.^ 
to  the  said  J.  B.  with  a  consideration  thereunder  wriilen,  whereby,  after 
reciting  the  said  arbitration  bonds,  and  the  appointment  of  the  said  R.  F. 
ns  umpire  as  aforesaid,  and  the  difliculty  suggested  as  aforesaid,  to  the 
said  W:  \V.  it  was  provided,  that,  &c.  as  in  and  by  the  last-mentioned 
bond  or  obligation,  and  the  consideration  thereto  reference,  Sec  And 
your  Orators  further  shew  unto  your  Lordship,  that  the  said  P.  S.  and 
R.  F.  did,  on  or  about  the  said  sign  a  certain  instrument  in 

writing,  purporting  to  be  their  anard  in  the  matters  aforesaid,  whereby, 
after  reciting  the  purport  and  effect  of  the  said  arbitration  bonds,  and 
the  appointment  of  the  said  R.  F.  to  be  such  umpire  as  aforesaid,  and 
reciting  further,  that  under  such  reference,  6cc.  (slate  that  part  of  the 
award  wl»ch  hcrirrt  upon  the  case)  as  in  and  In'  the  said  awaid,  reference, 
&:c.  And  vour  Orators,  &:c.  that  although  it  is  in  the  said  award  recited, 
that  the  said  R.  !•".  had  taken  upon  himself  the  burthen  of  the  said  refe- 
rence and  sul>mi:;sion,  and  haii  deliberately  heard  and  considered  the  al- 
legations and  proofs  of  the  said  W.  W.  and  J.  13.  respectively  ;  and 
had  perused,  examined  and  considered  their  account,  yet,  in  truth,  the 
said  R.  F.  did  never  in  any  manner  enter  upon  the  subject  of  the  said 
relerencc  nor  heard  or  considered  any  allegations  or  proofs  of  either  of 
the  parties,  nor  ever  in  any  manner  perused,  examined,  or  considered 
any  accounts  relating  to  the  said  matters  in  difl'erenee,  or  ever  exercised 
any  judgment  whatsoever,  as  to  any  of  the  said  matters;  but  the  said 
award  was  prepared  by  the  instructions  of  tlie  said  P.  S.  alone,  without 
any  interference  whatever  on  the  part  of  the  said  R.  F.  who  was  pre- 
vailed upon  to  sign  it,  by  being  assured,  that  his  signature  thereto  was  a 
mere  matter  of  form.  And  your,  &c.  that  since  the  making  of  the  said 
award,  a  commission  of  bankrujit  under  the  great  seal  of  Great  Britain 


BILL    TO    3LT    ASIDE    AN    AWARD.  281 

iialb  been  awaitled  and  issued  against  liie  said  W.  W.  who  liatli  I)ceu 
thereupon  duly  found  and  declared  a  bankrupt,  and  the  usual  assignnierit 
of  his  estat--  liatli  heen  duly  mad:-  to  Dcfentlants  hereinafter 

named,  wlio  were  duly  rhosen  by  the  creditors  as  the  assignees  of  the  said 
bankrupt's  estate.  And  your,  cVc.  that  the  said  award,  so  made  as  afore- 
said, being  utterly  void  as  against  your  Orators,  by  reason  that  the  same 
was  signed  by  the  said  R.  F.  under  tli<^  circumstances,  yom- Orators  have, 
by  themselves,  tie.  to  deliver  np  to  your  Orators  the  bond  in  which  they 
had  joined  as  the  secmities  of  the  said  W.  W.  as  aforesaid  to  be  can- 
celled, and  your  Orators  well  hoped,  &c.  refuses  so  to,  do,  and  the 
said  VV.  W.  not  liaving  paid  to  the  said  J.  B.  the  said  several  sums  men- 
tioned in  the  said  award,  nor  having  disciiarged  the  debts  of  the  said 
copartnership,  the  said  J.  I>.  threatens  and  intends  to  connnence  an 
action  at  law  against  your  Orators  upon  their  said  bond.  Charges,  that 
the  said  assignees  of  the  said   W.  W.  refuse  to  join  your  Orators  in 

the  said  suit.     To  the  end,  &c. 

Prayer. 

That  the  said  bond,  so  as  aforesaid  entered  into  by  yo-r  Orators  and 
the  said  W.  W.  may  be  delivered  up  to  your  Orators  to  be  cancelled, 
or  may  be  declared  void  so  Cav  as  the  same  respects  your  Orators,  and 
that  in  the  meantime  the  said  J.  B.  may  be  restrained  by  the  order 
and  injunction  of  this  honorable  Court  from  commencing,  prosecuting 
or  proceeding  in  any  action  or  actions  at  law  against  your  Orators, 
or  either  of  them,  in  respect  of  the  said  bond,  And  for  general 
relief,  may  it  please,  Sjc. 

J.  r. 

Fra;/  Subpoena  against  J.  B. 
and  assi<{7iees  of  JJ\  W. 


37 


282 


SECT.  XVI.— BII-L  FOR  AN  ANMLl'l  A.NT 


Bill  by  Annuitant  fui  an  Account  of  Money  produced  by 
Sale  of  timber,  it  having  been  felled  for  the  purpose  of 
redeeming  his  Annuity,  and  the  trustees  having  applied 
it  in  discharge  of  the  Arrears  of  another  Annuity. 

Humbly  complaining,  slieweth  unto  your  Lordship,  your  Orator,  J.  B. 
of,  Arc.  that  by  indenture  bearing  date.  Sec.  ,  C.  S.  of,  &r,.  did 

grant  unto  your  Orator,  an  annuity  of  £  payable  half  yearly  during 
the  life  of  the  said  C.  S.  and  for  the  better  securing  the  repayment  thereof, 
the  said  C.  S.  did  thereby  assign  unto,  or  in  trust  for  your  Orator,  the 
dividends  and  interest  of  the  sum  of  £  3  per  cent,  consdi- 

dated  Iiank  annuities,  then  standing  in  the  name  of,  &c.  trustees  named 
in  the  marriage  settlement  of  the  said  C.  S.  And  it  was  thereby  provided 
and  agreed,  that  the  said  C.  S.  should  be  at  liberty  to  re-purchase  the 
said  annuity  upon  giving  three  months  notice  thereof  to  your  Orator,  his 
executors,  administrators,  and  assigns,  as  in  and  by.  Sec.  And  your,  &c. 
(hat  the  said  C.  S.  being  entitled,  as  tenant  for  lil'e,  and  in  the  possession 
of  certain  real  estates  hereinafter  mentioned  ;  and  the  said  C.  S.  having 
proposed  to  purchase  the  said  annuity,  uj)on  the  terms  provided  by  tlie 
said  indenture  of  the  ,  and  to  raise  the  sum  necessary 

for  tltat  purpose,  by  a  fall  and  sale  of  timber  then  standing  upon  the  said 
estates  to  which  your  Orator  consented  and  agreed,  the  said  C.  S.  duly 
executed  a  cfitain  instrument  in  willing,  or  power  of  attorney  bear* 
iug  date,  Arc.  whereby,  after  reciting,  &c.  (appointed  I.  H.  of,  &:c. 
W.  B.  of,  Arc.  and  W.  C.  of,  A':c.  three  of  the  Defendants  as  tlie  attor- 
nies,  to  fell  the  timber,  and  to  s<-ll  and  to  apply  the  produce  in  the 
redemption  of  the  annuity.  And  your,  A^c.  that  by  an  instrument  in 
writing,  bearing  date,  &c.  (being  a  declaration  of  trust,  that  the  money 
received  by  the  trustees  in  the  fall  of  timber,  was  to  be  applied  in  the 
re-purchase  of  riaintilFs  annuity)  as  in  and  by,&c.  And  your,  Arc.  that 
after  the  execution  of  the  said  last  mentioned  instrument,  the  said  I.  II. 
W.  B.  and  W.  C.  by  virtue  of  the  said  power  of  attorney,  caused  divers 
large  quantities  of  timber,  whicli  were  growing  on  the  said  manors  and 
estates,  or  some  of  them,  to  be  fcilcd  or  cut  down,  and  sold  and  dis- 
posed of,  and  the  said  W.  C.  received  the  monies  arising  by  such  sales, 
which  amounted  in  the  whole  to  the  sum  of  of  and  upwards.     And 

your.  Arc.  that  the  said  W,  C.  notwithstanding  the  directions  contained  in 


BILL  FOR  AN  ANNUITANT.  283 

the  said  instrument  or  power  of  attorney,  refused  to  apply  the  money 
received  by  him  from  the  sale  of  the  said  timber  in  the  repurchase  of  your 
Orator's  said  annuity,  but  hath  witli  the  consent  of  the  said  I   II.  and 
W.  B.  applied  the  same  to  his  own  use,  or  for  some  purposes  not  autho- 
rized by  the  said  power  of  attorney,  and   without   your  Orator's  concui"* 
fence  and  consent,  and  expressly  contrary  to  a  notice  given   to   him  by 
your  Orator's  solicitor  in  that  behalf,  and  which    application   so  made  by 
him  the  said  W.  C    was  in  direct  breach  of  the  trust  reposed  in  the  said 
I.  H.,  W.  B.  and  W.  C.  by  the  said  instrument  or  power  of  attorney,  and 
which  they  undertook  to  execute.     And  your,  Szc.  that  your  Orator  was 
and  is,  under  and  by   virtue  of  the   aforesaid   power   of  attorney,  and 
the  appropriation  thereby  made   of  the  said  timber,  and   the  money  to 
arise  by  sale   thereof,   entitled   to   have   a   sufficient   part   of  the   said 
money  (after   deducting   the  charges  and  expenses    attending  the  said 
sale,  and    the  execution  of  the  said  trust)  applied   in  the  repurchase  of 
your  Orator's  said  annuity,  upon  the  terms  provided  by  the  said  inden- 
ture of  the  day  of  ;  and  yoiu"  Orator  being  so  entitled  as 
aforesaid,  he  has,  by  himself  and  his  agents,  many   times    applied  to  the 
said  I.  H.,  W.   B.  and  W.  C.  and  requested  them  to  account  with   your 
sOrator  for  all  the  monies  which  have  been    received   by  them  or  either 
of  them,  or  by  any  other  person  or  persons,  by    their    or    any   of  their 
order,  or  for  their  or  any  of  their  use,  for  or    in    respect  of  the  sale   of 
the  said   timber,  and  to  pay  the  same,  or  a  sufficient  part  thereof,  in  or 
towards  the  repurchase  of  the  said  annuity  of  £  .     And 
your  Orator  well  hoped,   &c.     But   now   so   it  is,   &c.    they   the   said 
Defendants  refuse  to  comply   with   your  Orator's    said    request,    some- 
times pretending  that  the  said  C.  S.  never  executed  such  instrument,  or 
power  of  attorney  as  aforesaid,  or   any  other   instrument   or   power   of 
attorney  whatever,    for  the  purposes    aforesaid.     Whereas   your  Orator 
charges    the  contrary  of  such  pretence  to    be  true    as   aforesaid.     And 
so  the  said  Defendants  will  at  other   times  admit.     But  then  they  pre- 
tend, that  they  the  said  J.  H.,  W.  B,  and   W.  C.  never  did  cause   any 
timber  or  other  trees    whatever,   which  were  growing  on  the  aforesaid 
manors  and    estates,  or  any  of  them,  to  be  felled  or  cut  down  and  sold 
and  disposed  of,   under  and   by   virtue  of  the  said    power   of  attorney, 
nor  ever  receive'  any  sums  or  sum  of  money  arising  by  such  sale,  or  any 
part  thereof.     Whereas  your  Oi-ator  charges  the  contrary  of  such  pre- 
tences to  be  true,  and  so  the  said    Defendants  will   at  other  limes    also 
admit.     But  then  they  pretend,  that  the  said  W.  C.  hath  accounted  for. 
and  paid  the  money  arising  from  the  sale  of  tiie  said   timber   to  the  De- 
fendants J.  W.  and  F.  E.  and  to  their  lale  partner  F.   B.   now  deceased, 
who,  as  such  copartners,  wore  entitled  to  receive  the  same  hi  preference 
to  your  Orator,  and   had  some  prefera'-'lf^  claini  ov  lion  tliereon,  and  had 


28-i  LILI,  rOR  AN  ANNUITANT. 

obtained  some  oider  of  tliis  honoraMc  Court  for  the  pnymeiit  llieteof, 
upon  the  said  W.  C.  Whereas  your  Orator  charges,  that  the  said  J.  W. 
F.  E.  and  F.  B.  had  no  hon  or  chiim  whatever  thereon,  nor  any  riglit 
or  title  to  receive  or  call  upon  him  the  said  Defendant  W.  C.  for  the 
payment  of  the  same,  or  any  part  tlieroot',  or  to  compel  him  to  account 
tor,  or  pay  the  same  or  an\'  part  thereof.  And  tiiat  if  in  truth  any  order 
of  this  honorable  Court  was  made,  respecting  the  payment  of  the  said 
turn  of  money  to  the  said  I.  \V.,  V.  E,  and  F.  B.  or  in  any  manner  re- 
lating tlien-to,  yet  that  this  lionorable  Court  was  surprised  in  such  order, 
and  was  iiot  In  any  manner  ai>pri7Ad  of  the  truth  of  the  said  transaction; 
and  that  the  said  W.  C.  tonfederaling  with  the  said  I.  W'.,  F.  E.  and 
F.  B.  purposely  suppressed  or  concealed  from  this  honorable  Court, 
the  aulliority  under  which  the  saiil  timber  had  been  cut,  and  the  purpose 
for  which  it  was  meant  to  be  api)li«(l.  And  your  Orator  fuithcr  charges. 
that  upon  payment  being  made  to  the  said  I.  VV.,  F.  E.  and  F.  B.  by 
the  said  Defendant  W.  C.  (in  case  any  such  was  marie)  he  the  said  De- 
fendant required  and  took  from  them  some  indemnity  or  security  against 
the  right  or  claim  of  j'our  Orator  to  such  money.  And  your  Orator 
further  charges,  that  if  the  said  sum  was  paid  by  the  said  W.  C.  to  the 
said  I.  W.,  F.  E.  and  F.  B.  the  same  was  so  paid  to  them,  under  the  pre- 
tence that  considerable  arrears  were  due  to  them  as  copartners,  in 
respect  of  an  annuity  granted  to  thein  by  the  said  C.  S.  Whereas  your 
Orator  charges,  that  the  said  I.  W.,  F.  E.  and  F.  B.  had,  at  the  time  of 
such  payment,  by  their  receipts  from  the  estates  and  property  of  the  said 
C.  S.  been  fully  paid  all  arrears  of  their  said  annuit\-.  And  your  Orator 
charges,  and  humbly  insists,  that  the  said  Defendants  T.  II.,  W.  B.  and 
W.  C.  having  accepted  the  trusts  under  the  said  power  of  attorney,  ought 
to  have  paid  the  said  monies  arising  by  such  sale  as  aforesaid  (after  such 
deduction  as  aforesaid)  or  a  competent  part  thereof  to  your  Orator,  in  or 
towards  the  repurchase  of  the  said  annuity  of  £  .  And  that  the  said 
Defendant  W.  C.  having  paid  the  said  monies  arising  by  such  sales  afore- 
said, contrary  to  the  directions  contained  in  the  said  power  of  attorneVj 
was  guilty  of  a  breach  of  trust  in  so  doing,  and  made  himself  personally 
liable  to  answer  and  pay  the  same  to  your  Orator.  And  your  Orator 
further  cljargos,  that  the  said  I.  W.  F.  E.  and  F.  B.  were,  at  or  about 
the  time  of  the  making  of  the  said  power  of  attorney,' fully  apprized  of 
the  same,  and  of  the  purpose  thereof,  and  did,  by  a  letter,  written  by 
their  solicitor,  fully  assent  thereto.  But  nevertheless,  the  said  Defendants 
refuse  to  comply  with  your  Orator's  aforesaid  requests.  And  at  some 
times  the  said  Defendant  C.  S.  claims  some  right  or  interest,  to,  or  in 
such  monies,  or  some  part  ihrroof.  And  the  said  Defendant  C.  S. 
resides  abroad  out  of  the  jurisdi^'tion  of  this  honorable  Court.  All  which, 
&:c.     To  the  end,  ^c. 


1311. r.  FOR  AN  ANNUITANT.  285 

Prayer. 

And  that  an  account  may  be  taken  of  all  and  every  the  monies  which 
have  been  received  by  the  said  I.  H.  W.  B.  and  W.  C.  sr  by  any 
person  by  their  order,  or  for  their  use,  for  or  in  respect  of  such  sales 
as  aforesaid.  And  that  the  said  Defendants  may  be  decreed  to  pay 
what  shall  appear  to  be  due  from  them  respectively,  upon  the  taking 
the  aforesaid  account.  And  that  the  same,  after  such  deduction  as 
aforesaid,  or  a  competent  part  thereof,  may  be  paid  to  your  Orator, 
in  or  towards  the  repurchase  of  the  said  annuity  of  <£  ,     And 

for  further  relief,  &c. 

R.  S. 


286 


SECT.  XVU. — BILL  FOR  DOWEK, 


Bill  by  an  Infant  against  Executors,  and  Testatorh  Wi- 
dow claiming  Dower,  for  an  Account  of  real  and  per- 
sonal Estate  and  Incumbrances,  affecting  real  Estates. 

Humbly  complaining,  Arc.  your  Orator,  J.  D.  an  infant  under  the  age 
of  Iwenty-one  years  ;  that  is  to  say,  of  the  age  of  three  years,  or  there- 
abouts, by  J.  L.  of  D.  dec.  his  next  friend.  That  J.  D.  late  of,  &c.  the 
father  of  your  Orator,  was,  at  the  time  of  making  his  will  hereafter  men- 
tioned, and  at  his  death  seised  in  fee-simple  of  or  otherwise  well  en- 
titled to  divers  freehold  estates,  situate,  &c.  and  was  also  possessed  of, 
interested  in,  and  well  entitled  to  considerable  leasehold  and  other  personal 
property,  and  that  the  said  J.  D.  duly  made  and  published  his  last  will  and 
testament  in  writing,  which  it  is  alleged,  was  duly  executed  and  at- 
tested, as  by  law  is  required,  to  pass  real  estates,  and  thereb}'  devised  all 
his  freehold  estates  unto  your  Orator  and  his  heirs,  and  gave  unto  your 
Orator  the  residue  of  his  personal  estate,  after  payment  of  his  funeral 
expenses,  and  debts,  and  thereby  appointed  H.  P.  &c  of,  and  W.  B. 
of,  &:c.  two  of  the  Defendants  hereinafter  named,  his  executors  thereof, 
as  in  and  by,  Sec.  And  your,  Sic.  that  the  said  Testator  departed  this 
life  soon  after  the  making  of  his  said  will,  without  having,  in  any  manner, 
revoked  or  altered  the  same,  leaving  E.  D.  another  Defendant  hereto, 
his  widow,  and  leaving  your  Orator,  his  only  son  and  heir  at  law.  And 
that  the  said  H.  P.  and  W.  B.  upon  or  soon  after  the  said  Testator's 
death,  duly  proved  his  said  will  in  the  proper  Ecclesiastical  Court,  and 
undertook  the  executorship  thereof,  and,  by  virtue  thereof,  possessed 
themselves  of  his  personal  estate  and  effects,  so  far  as  they  were  able ; 
and  the  said  also  entered  into  the  possession  of  the  freehold  and 
leasehold  estates,  which  were  of  the  said  Testator,  or  into  the  receipt  of 
the  rents  and  profits  thereof,  and  have  ever  since  continued,  and  now  are 
in  sucii  possession  or  receipt.  And  jour,  &c.  that  repeated  applications 
have  been  made  on  the  part  of  your  Orator  to  the  said  ,  to  come  to 
a  fair  and  ]u>\  account  for  the  j>ersonal  estate  and  effects  of  the  said  Tes- 
tator, and  of  their  ap|*!ications  thereof,  in  order  that  the  clear  residue 
thereof  may  be  ascertained  and  secured  for  the  benefit  of  your  Orator  ; 
and,  in  like  manner,  to  account  for  the  rents  and  profits  of  the  said  Tes- 
tator's estates,  received  by  them  as  afc)resaid.  And  your  Orator  well 
hoped,  &c.     liut  now,  cVc.     Pretence  assets  insufficient;    charge  con- 


BILL  FOR  DOWER.  287 

trary.  And  tlie  said  Defendants,  at  other  times,  pretend  that  the  real 
estates  of  the  said  Testator  were  in  some  manner  mortgaged  or  incum- 
bered by  him,  in  his  Hfe-tirae  ;  and  that  the  rents  and  profits  received  by 
them  have  been  duly  applied  in  keeping  down  the  interest  on  such  in- 
cumbrances, but  the  particulars  of  such  incumbrances  they  respectively 
refuse  to  discover.  And  your  Orator  further  charges,  that  the  said  E.  D. 
the  widow  of  the  said  Testator,  claims  some  right  and  interest  in  the  real 
estate  of  the  said  Testator,  by  way  of  dower  or  thirds  ;  but  how,  or  in 
what  manner,  she  makes  out  such  claim,  she  refuses  to  discover.  All 
which,  &c.     To  the  end,  &c. 

Prayer. 

That  an  account  may  be  taken  of  the  personal  estate  of  the  said 
Testator,  J.  D.  which  have  been  possessed  or  received  by  the  said 
Defendants,  or  either  of  them,  or  any  other  person  or  persons  by 
their,  or  either  of  their  order,  or  to  their,  or  either  of  their  use ; 
and  that  the  same  may  be  applied  in  a  due  course  of  administration, 
and  the  clear  residue  thereof  ascertained  and  secured  for  the  benefit 
of  your  Orator;  and  that  an  account  may  also  be  taken  of  the  rents 
and  profits  of  the  said  Testator's  real  estates,  which  have  been  pos- 
sessed or  received  by  the  said  Defendants,  or  either  of  them,  or  by 
their,  or  either  of  their  order,  or  to  their  or  either  of  their  use,  and 
of  their  application  thereof;  and  that  some  proper  person  may  be 
appointed  to  receive  the  rents  and  profits  of  the  said  Testator's  real 
estates,  by  and  under  the  direction  of  this  honorable  Court;  and 
that  some  proper  person  or  persons  may  also  be  appointed  the 
guardian  or  guardians  of  your  Orator,  with  a  suitable  allowance  for 
his  maintenance  and  education  for  the  time  past,  and  to  come.  And 
^or  further  relief. 

J.  L. 


288 


SECT.    XVIII. — BILLS    FOR    LITERARY  PROPERTY, 


Bill  to  restrain  from  printing  and  publishing  the  Trial  of 
Lord  Viscount  M.  the  exclusive  Risj^ht  having  been  given 
to  Plaintiffs  by  the  Chancellor,  hy  Order  of  the  House  of 
Lords,  and  for  an  Account. 

States,  that  H.  L.  V.  M.  was,  in  the  month  of  and  now 

last  past,  tried  in  the  High  Court  of  Parliament  on  articles  of  impeach- 
ment, for  high  crimes  and  misdemeanors,  exhibited  against  him  by  the 
knights,  citiKens,  and  burgesses,  in  Parliament  assembled,  in  the  names  of 
themselves  and  of  all  the  Commons  of  Great  Britain  and  Ireland. 

That  by  an  order  made  by  the  Lords  Spiritual  and  Temporal,  in  Par- 
liament assembled,  on  the  month  of  ,  it  was  ordered  that  your 
Lordship  should  give  orders  for  the  printing  and  publishing  said  trial.. 
and  in  addition  thereto,  the  several  questions  put  to  the  .Judges  on  Tues- 
day and  Friday  ,  of  said  month  of  ,  and  their  answers 
thereto,  and  that  no  other  person  should  presume  to  print  the  same,  as,  by 
the  journals  of  the  House,  will  appear. 

That  in  pursuance  of  the  said  order,  your  Lordsliip  was  pleased  to 
appoint  Plaintiffs  to  i)nnt  and  publish  the  whole  proceedings  in  said 
House,  upon  said  impeachment,  and  to  forbid  any  other  person  to  prim 
or  publish  the  same,  as  by  such  appointment,  in  custody  of  Plaintifls.  will 
appear. 

That,  under  the  authority,  and  by  virtue  of  said  appointment,  Plaintiff, 
who  had  been  employed  by  the  direction  of  the  said  House  of  Peers  to 
take  down  said  trial  in  short-hand,  have,  al  a  very  considerable  expense 
to  themselves,  been  preparing  to  print  and  publish  saitl  trial,  and  other 
proceedings,  on  said  im])eachment,  and  same  are  in  great  forwardness, 
and  nearly  ready  for  publication.  And  Plaintiffs  well  hoped  to  have  had 
the  full  benefit  of  said  appointment,  and  of  publishing  said  trial  in  pur- 
suance thereof,  and  that  no  person  would  have  interfered  in  pub!i5.iiing 
or  printing  said  trial  or  the  proceedings  thereon,  or  any  part  thereof. 
But  now  so  it  is,  Sec. 

Charge,  that  Defendant,  J.  C.  hath  ])rinted,  or  caused  to  be  printed,  and 
said  Defendants,  T.  N.  L.,  ^Vc.  have  published  and  sold,  or  caused  to  be 
published  and  sold,  a  book  or  volume,  purporting  to  contain  said  trial 
and  proceedings  tiiereon,  and  they,  said  Defendants,  have  respectively  so 
printed  and  published,  or  caused  to  be  piinted  and  ])ul-lished,  same  trial, 
r»nd  adverliied  same  for  sale,  under  the  tide  and  in  the  words  and  figures 


BILLS    FOR    LITERARY    PROPERTY.  289 

following;  that  is  to  say,  "  The  trial,  by  impeachment,  of  Ilonry  Lord 
"  Viscount  iM.  tor  high  crimes  and  misdemeanors,  before  the  IJouse  ot 
"  Peers,  in  Westminster  Hall,  between  the  and  ;  to 

"  which  is  prefixed  a  sketch  of  t!ic  life  and  political  character  of  his 
"  Lordship,  and  complete  account  of  the  proceedings  in  Parliament  re- 
*'  lative  to  the  charge.-,  on  which  the  impeachment  was  founded."  And 
in  s^idi  advertisement  it  is  expressed  thafsaicl  trial,  hook  or  woi  k.  is  sold  by 
them,  said  Defendants,  at  the  piice  of  10s.  Gd.  each  in  boards,  or  to  that 
elfect.  And  said  last  named  Defendants  respectively  have  or  hath  sold, 
or  caused  to  be  sold,  a  great  number  of  copies  to  the  amomit  of  several 
tliousand  copies  of  said  trial  and  proceedings,  so  published  and  advertised 
by  them  respectively  as  aforesaid,  and  have  or  hath  many  htnidred  copies 
more  of  the  same  printed  book,  ready  for  sale,  and  they  Defendants,  are 
still  continuing  to  sell  same  ;  and  they  have  received  considerable  sums, 
and  have  made,  and  stili  do  make  considerable  pi'ofii  by  the  sale  of  such 
book,  and  so  countenance  such  proceedings-  they 

Pretend  that  such  book,  so  printed  and  pubhshed,  and  advertised  for 
.sale,  and  sold,  does  not  contain  any  part  of  said  trial  of  said  Henry  Lord 
Viscount  ^L  in  said  High  Court  of  Chancery,  or  of  the  proceedings  on 
said  impeachment,  or  that  such  part,  if  any,  is  inconsiderable,  or  that 
said  publication  contains  oilier  matter  which  is  their  property. 

Charge,  that  said  publication,  book  or  work,  contains  the  speeches  and 
evidence  or  great  part  of  the  speeches  and  evidence  delivered  and  given 
upon  said  trial,  and  the  defence  of  the  said  Henry  Lord  Viscount  M.  by 
his  counsel,  and  other  parts  of  the  proceedings  on  the  said  trial,  and  that 
the  rest  of  said  publication  is  very  considerable,  and  so  said  Delendants 
well  know,  but  contend  they  have  respectively  desisted  from  publish- 
ing and  selling  said  book,  the  contrary  whereof  Plaintifts  charge  to  be  the 
truth. 

Charge,  that  although  Defendants,  T.  N.  L  ,  &c.  have,  as  they  have 
alleged,  discontinued  the  sale  of  said  work,  at  their  own  shop  or  ware- 
house, yet  the  same  is  now  selling  at  the  shops  or  warehouses  near  to  or 
adjoining  the  shop  or  warehouse  of  them  the  said  last  named  Defen- 
dants, and  at  divers  other  places. 

Charge,  that  said  pubhcation  is  now  selling,  and  sold  by  the  direc- 
tions, and  on  the  account  and  for  the  benefit  of  said  last  named  Defen- 
dants ;  and  said  Defendant,  J.  C.  threatens  and  intends  to  print,  and  said 
other  Defendants  threaten  and  intend  to  continue  to  publish  and  sell  the 
said  trial,  for  their  own  benefit,  and  refuse  to  account  with  Plaintifis  for 
the  profits  which  they  have  already  made  for  t!ie  pubhcation  and  sale 
thereof,     All  which,  &c.     Whether,  <!cc. 


38 


290  I51LLS    FOR    LITLRAKY    PROPERTY. 


Prayer. 

Ami  lh;U  tliey  may  sot  forth  a  fuli_,  true,  and  j»;ulicular  account 
of  all  the  numbers,  parcels,  or  copies  of  the  said  book  or  publi- 
cation, which  they  or  eiilier  of  them,  or  any  person,  by  their  or 
either  of  their  order,  or  for  their  or  either  of  their  use  or  benefit, 
have  or  hath  sold  or  disposed  of,  or  caused  to  be  sold  or 
disposed  of,  and  when  and  by  whom,  and  to  whom,  and  for 
what  sums  of  money  the  same  respectively  were  sold  and 
disposed  of ;  and  also  a  full  and  particular  account  of  all  the 
profits  which  they,  and  each  of  them  respectively,  or  any  person  or 
persons  by  llieir,  or  eitiier  of  their  order,  or  for  their  or  cither  of 
their  use,  have  or  hath  made,  by  means  of  said  sale  and  publication, 
and  that  Defendant,  J.  C.  may  set  forth  how  many,  oi-  wliat  num- 
ber of  comes  of  said  books,  work,  or  publication,  he  hath  piinted, 
or  caused  to  be  printed.  And  that  all  the  said  Def<Mii!unts  may  be 
respectively  restrained  by  the  order  and  injunction  of  tiiis  honor- 
able Court,  from  the  further  printing,  publisiiing',  selling  or  ex- 
posing to  sale,  by  themselves,  or  their  agents  or  servants,  the  said 
book,  work,  or  publication,  or  so  much  thereof  as  concerns  or  re- 
lates to  the  said  trial  of  the  said  Henry  Lord  Visfount  IM.  and  the 
proceedings  thereon,  or  any  other  book,  work,  or  publication  con- 
taining the  same,  or  any  part  of  the  said  trial  or  the  proceedings 
thereon  ;  and  that  said  Defendants,  T.  N.  L.,  T.  II.,  C.  O,  and 
().  R.  may  be  decreed  to  come  to  a  just  and  fair  account  with 
Plaintiffs  for  the  produce  and  profits  of  the  said  book,  work,  or  pub- 
lication, and  to  pay  to  I'laintifl's  wiiat  shall  be  found  coming  to 
them  on  tlie  takinj:  of  such  acco'.int,  after  making  to  thorn,  the  said 
last  named  Dofendanis,  all  just  allowances.       And  for  fuither  relief. 

J.  J. 

N.  D.  Tpon  the  fihng  of  this  bill  the  PhiinlilTs  moved  lor  an  injunc- 
tion to  restrain  the  Defendants  from  printing,  and  publishing,  &c.  upon 
which  the  Defendants  submitted  a  case  of  the  circumstances  for  the  opi- 
nion of  the  Solicitor-General,  whether  t!ie  Lord  Chancellor,  by  order  of 
the  House  of  l^ords,  had  the  power  of  granting  the  exclusive  right  of 
publicati(.>n,  and  whether  an  injunction  could  be  obtained,  or  an  action 
brought  either  in  a  court  of  equity  or  law  against  Defendants,  for  such 
])ubli(  ation  ;  upon  which  case  the  Solicitor-(i<eneral  gave  the  following 
opinion  :  "  f  am  of  opinion,  that  by  law  Messrs.  G.  have  not  the  exclu- 
sive privilege  to  publish  the  trial  of  lord  M.  and  that  they  could  not,  by 
fding  a  bill  in  equity,  obtain  an  iryunction  to  restrain  any  person  from  pub- 
lishing the  trial  or  maintain  an  action  against  any  person  whopuljllshed  itj 


lilLI^S    FOR    LITERARY    PUOPERTV. 


^91 


Uut  the  House  of  Lords,  having-  made  an  order  that  no  person  shall  pre- 
sume to  publish  the  trial,  bnt  under  the  orders  of  the  Lord  Chancellor, 
I  apprehend  that  the  House  would,  upon  a  complaint  being  made  to 
them,  consider  any  person  who  printed  it,  except  Messrs.  G.  as  guilty  of 
a  breach  of  privilege,  and  would  probably  commit  such  person  to  prison 
for  that  ofTence.  The  legality  of  such  a  commitment  might  be  questioned 
bv  the  party  suing  out  a  writ  oi habeas  corpus,  I  cannot  say,  with  confi- 
fiencH',  what  would  be  the  result  of  such  a  proceeding,  but  the  strong  in- 
clination of  my  opinion  is,  that  the  order  of  the  House  of  Lords  could 
not  legally  be.  enforced,  and  that  a  commitment,  founded  upon  it,  could 
not  be  supported.*' 

s.  n. 

The  motion  for  the  injunction  was  made  by  the  Attorney-(jencjal, 
on  the  ,  which  was  resisted  by  Mr.  P.  Mr.  F.  and  Mr.  L. 

upon  the  ground  that  the  Court  would  not  grant  such  injunction,  unless 
a  clear  right  was  shewn  to  e.vist.  The  Lord  Chancellor,  however, 
thought'otherwise,  and  granted  the  injunction,  and  founded  his  judgment 
solely  upon  the  case  of  Bathurst  i\  Kearsly,  whicli  was  thoiicht  to  be 
rather  a  strain  of  j)rorogative. 


In  the  Exchequer, 
Bill    by    the    Owner  of  a   musical  Copyright,  as:ainst  a 
Dealer  in   Mime,   who   had  infringed  his   lli^ltt ;    fa- 
quiry  as  to  Books. 

Humbly  complaining,  shewelh  unto  your  Honors,  your  Oiator,  W.  F. 
of,  &c.  musical  instrument  maker,  debtor,  &c.  that  J.  H.  of,  &c.  coni- 
pos,ed  an  overture  or  symphony  for  several  instruments,  sonalas  for 

the  harpsicord,  with  an  accompaniment  for  a  violin  and  violincello, 
hereinafter  more  particularly  mentioned.  And  your  Orator  further 
'sheweth  unto  your  Honors,  that  the  said  .J.  H.  being  the  author  and  com- 
poser of  the  said  musical  works,  was  entitled  to  him  and  his  assigns,  to 
the  sole  liberty  of  prindiig  and  reprinting  such  works,  for  the  term  of 
years,  to  commence  from  the  day  of  first  publishing  tlie  same, 
and  being  so  entitled,  he  sold  and  assigned  to  your  Orator,  for  a  full  and 
valuable  c<msideration,  which  your  Orator  duly  paid  him  all  his  afores.iid 
compensatiions,  and  all  his,  the  said  J.  H.'s  right,  tilh',  and  interest  in 
them,  and  every  of  them.  And  the  said  J,  H.  caused  (o  be  delivend  to 
your  Orator  a  MS.  for  the  same;  and  your,  &c.  that  your  Orator  caused 
t!ie  said  overt iirp  lo  be  engraved  at  a  great  expense,  ant!  first  published 


292  BILLS  FOR  LUEUARV   rilOPLKTV. 

the  same  on  or  about,  &c.  iinder  tlic  namo  and  description  of  a  favourite 
overture,  in  all  its  parts,  composed  b)'  J.  11.  of,  &c.  and  pul)liihcd  by 
his  authority  (^.sfutc  the  other  jjublicdtlons  in  the  same  way.)  And  youfj 
&c.  that  he  hath  always  had  exposeil  to  sale  a  suflkienl  number  of  these 
overtinos  or  symphony,  and  of  the  said  work?,  calird,  c^T.  for  the  use 
of  the  public,  at  a  fair  and  just  price^and  nov\  hath  a  great  number  of  rojdcs 
of  the  said  overture  or  synjphonv;  and  of  the  said  books  or  works  re- 
maining on  his  hands.  And  your.  iV:c.  that  J.L.and  F.B.  Defendants, here- 
inafter named,  who  carry  on  a  copartnership  together,  as  music  sellers,  un- 
der the  name,  stile  and  firm  of,  A'c.  have,  without  the  cpnscnt  of  your 
Orator,  caused  the  said  overture  or  symphony  to  be  set  for  the  harpsicord, 
and  then  to  be  engraved  and  printed  ;  and  have  also  caused  the  said 
works  or  books,  called,  &:c.  or  some  part  or  parts  thereof,  to  be  engraved 
or  imported,  or  knowing  the  sam^  to  have  been  so  engraved  or  imported, 
without  the  consent  of  your  Orator,  have  ])iil)lished,  exposed  to  sale,  and 
sold,  or  causeil  to  be  publi.>lied,  and  exposed  to  sale,  many  copjies  of  the 
said  overture,  so  set  for  the  harpsicord,  and  of  the  said,  &:c.  or  of  some 
part  or  parts  thereof,  and  to  conceal  their  said  piracy,  they  sent  the  plates 
on  which  the  said  music,  or  some  part  or  parts  thereof,  was  or  were  en- 
graved, beyond  sea,  and  caused  the  same  to  be  printed  there  on  foreign 
paper,  and  then  imported  the  same  ;  and  the  said  J.  L.  &zc.  have  also  in 
their  possession  or  power,  a  number  of  copies  of  the  said  overture  or 
symphony  so  set,  and  of  each  of  the  said  works,  &:c.  or  of  some  part 
or  parts  thereof,  which  they  know  to  have  been  printed  or  imported  witli- 
oul  the  consent  of  your  Orator,  and  which  they  threaten  to  publish,  ex- 
pose to  sale,  and  sell.  And  your,  &:c.  that  having  purchased  the  copy- 
right in  the  said  overture  or  symphon\',  and  in  the  said  works,  &c. 
of  the  said  J.  II.  the  autlior  and  composer  thereof,  your  Orator  has  a 
right  to  all  the  benefit  to  be  derived  from  the  ownership  or  property 
thereof,  for  the  term  of  years  from  tiie  day  of  the  first  publica- 
tion of  the  same  respectively  ;  and  llnit,  having  such  right,  and  the  said 
J,  L.  Sec.  having,  as  aforesaid,  already  infringed,  and  threatening  here- 
after to  infringe  the  same,  your  Orator  hath,  by  himself  and  his  agents, 
freq'icntly  applied  to  them  to  nccount  with  your  Orator  for  the  sums 
received  by  them,  or  either  oi  them,  or  for  their,  or  either  of  their  use, 
as  the  price  of  the  copies  which  tlu  y  wrongfully,  in  manner  hereinbefore 
mentioned,  have  published  exposed  to  sale,  and  sold,  and  also  to  refrain 
hereafter  from  publishing,  exposing  to  sale,  or  selling  any  copy  or  copies 
of  the  said  works,  or  cither  of  them,  or  any  part  or  |)nrts  thereo'', 
printed  or  imp'orted,  without  the  consent  of  yoiu*  Orator,  until  your  ()r;  - 
tor's  interest  in  the  said  copyright  shall  exj^ro,  with  which  just  and  rea- 
sonable requests,  Arc.  But  now,  vvc.  [irt  tend  that  your  Oralor  never 
purchased  the  said  original  ovutnroj  and         books  or  works  from  the 


BIIJ.S  FOR  MTEUARY   PUOFKRTY.  293 

eaid  J.  fl.  Charge  contrary,  that  he  did  purchase  the  same  from  the 
said  J.  H.  and  paid  to  him  the  consideration  agreed  upon  between  them,, 
and  %o  tliev  will  admit ;  but  then  they  pretend  that  they  have  not  caused 
the  said  overture  or  symphony  to  be  set  for  the,  &c.  and'  have  not  pub- 
lished, ex))osed  to  sale,  or  sold  any  copy  or  copies  of  the  said,  (Vc.  or  of 
any  part  or  parts  of  thom,  or  either  of  them,  which  liatli  or  have  been 
j)rinte(!  or  imported  witliont  the  consent  of  your  Orator,  in  writing, 
signed  in  tlie  presentee,  tVc.  Chari^es  conlrari/.  And  that  they,  or  one 
of  them,  have  or  halh  printed,  or  caused  to  be  printed  and  imported,  or 
caused  to  be  imported,  without  the  consent  of  your  Orator,  many  copies 
o\l  the  said  overture,  and  of  the  said  books  or  works,  and  also  of 

some  part  or  parts  thereof,  great  numbers  of  which  they  have  published, 
exposed  to  sale,  and  sold,  and  which  they  threaten  to  continue  to  pub- 
lish, expose  to  sale,  and  sell.  And  your  Orator  further  charges,  that 
the  said  J.  L.  &c.  are  considerable  dealers  in  music,  and  that  they,  or  one 
of  them,  keep,  or  choose  to  be  kept,  some  book  or  books  of  account  or 
accounts,  in  which  they,  or  one  of  ihem,  usually  enter,  or  cause  to  be  en- 
tered, the  articles  which  they  sell  and  dispose  of  in  the  way  of  their  trade  j 
and  particularly,  your  Orator  charges,  that  the  said  confederates,  or  one 
of  them,  made,  or  caused  to  be  made,  some  entry  or  entries  in  some 
book  or  books  of  the  said  operas  or  works  of  the  snid  overture  or 
symphony,  so  set  for  the,  &c.  which  have  been  sold  or  disposed  of 
by  them,  or  one  of  them,  or  upon  their,  or  one  of  their  accounts ;  and 
the  said  confederates,  or  one  of  them,  or  some  other  person  or  per- 
sons, to  their,  or  one  of  their  use,  or  with  their  or  one  of  their 
privity,  now  have  or  hath,  or  lately  had  the  said  book  or  books, 
entry  or  entries,  or  some  of  them,  or  some  copy  or  copies  of  them, 
or  some  of  them,  in  his  or  their  custody,  possession,  or  power,  or 
the  said  confederates,  or  one  of  them,  or  some  other  person  or 
persons,  by  their  or  one  of  their  order,  or  with  their  or  one  of  their 
privity,  hath  or  have  lately  destroyed  the  said  book  or  book*,  or  at  least 
liie  said  entry  or  entries.  And  your  Orator  charges,  that  the  said  con- 
federates know  or  suspect,  or  have  some  reason  to  know  or  suspect, 
what  number  of  the  said  operas,  and  of  the  said  symphony  or  over- 
ture respectively,  they  caused  to  be  thrown  off  and  printed;  and  they  or 
one  of  them,  or  some  other  person  or  persons  for  their,  or  one  of  their 
use,  or  with  their  or  one  of  their  privity,  have  or  hath,  in  his  or  one  of 
tJieir  possession,  custody  or  power,  or  lately  had,  some  receipt  or  receipts, 
account  or  accounts,  entry  or  entries,  writing  or  writings,  relating  to  the 
printing  of  the  said  operas  and  the  said  overture  or  symphony,  and 
to  the  number  of  the  same  that  was  thrown  off  or  printed ;  and  the  said 
confederates,  or  one  of  them,  know  or  knows,  or  c«n  set  forth  either 
8-=  to  ihoir  or  his  knowledge,  information  or  belief,  how  many  copies  of 


294  BILLS  FOR  LITERARY  PROPERTY. 

the  same  remain  undisposed  of,  and  so  the  said  confederates  will  some- 
times admit,  but  then  they  pretend  the  selling  of  the  said  overtures  for 
the,  &'c.  was  not  a  piracy  of  the  same,  but  your  Orator  charges  the 
contrary.     All  wliich,  &;c.  (interrogate  to  eachfact.) 

Inquiry. 

And  that  they  may  set  forth  a  full,  true,  and  exact  account  of  all  and 
^singular  the  copy  or  copies  of  the  said  overture  or  symphony  set  for, 
&c.  {as  in  the  body  of  the  bill,')  and  whether  the  said  confederates,  or 
one  and  which  of  them,  or  any  and  what  other  person  or  persons  by 
name,  for  their,  or  one  and  which  of  their  use,  or  with  their,  or  one  and 
which  of  their  privity,  now  have  or  hath,  or  lately  had  the  said  book  or 
books,  entry  or  entries,  or  any  and  which  of  them,  or  any  and  what 
copy  or  copies  of  them,  or  any  and  which  of  them,  in  his  or  their,  and 
which  of  their  custody,  possession,  or  power.  And  that  the  said  confe- 
derates may  set  forth,  in  the  very  words  and  figures  thereof,  all  and  sin- 
gular the  said  entry  or  entries,  account  or  accounts,  and  may  also  leave 
the  said  book  or  books  in  the  hands  of  their  clerk  in  Court,  for  the  in- 
spection and  perusal  of  your  Orator  or  his  agents;  and  whether  the  said 
confederates,  or  either  and  which  of  them,  or  any  and  what  other  person 
or  persons  by  name,  by  their,  or  one  and  which  of  their  order,  or  with 
their,  or  one  and  wliich  of  their  privity,  hath  not,  or  have  not  lately  de- 
stroyed the  said  book  or  books,  or  at  least  the  said  entry  or  entries,  and 
if  not,  what  is  become  of  the  same ;  and  whether  the  said  confederates, 
or  one  and  which  of  them,  do  or  doth  not  know  or  suspect,  or  have  or 
hath  not  any  and  what  reasons  to  know  or  suspect,  what  number  of  the 
said  operas,  and  of  the  said  symphony  or  overture  respectively,  they 
caused  to  be  thrown  off  and  printed,  and  how  many  of  the  same  respec- 
tively they  originally  caused  to  be  thrown  oft'  and  printed,  and  whether 
they,  or  one  and  which  of  them,  or  any  and  what  other  person  or  per- 
sons by  name,  for  their,  or  one  and  which  of  tlieir  use,  or  with  their,  or 
one  and  which  of  their  privity,  have  not  or  hath  not,  in  his  or  their 
possession,  custody,  or  power,  or  lately  had,  any  and  what  receipt  or 
receipts,  account  or  accounts,  entry  or  entries,  writing  or  writings,  relat- 
ing to  the  printing  of  the  said,  &c.  and  to  the  number  of  the  same  that 
was  thrown  oft'  and  printed,  and  that  they  may  set  forth  the  same  in 
the  very  words  and  figures  thereof;  and  may  also  leave  the  same  in  the 
hands  of  their  clerk  in  Court  for  the  inspection  and  perusal  of  your  Ora- 
tor or  his  agents,  and  whether  the  said  confederates,  or  one  and  which  of 
them,  do  or  doth  not  know  or  can  set  forth,  either  as  to  their  knowledge, 
information,  or  belief,  how  many  copies  of  the  same  remain  undisposed 
of,  and  how  many  of  the  same  respectively  they  the  said  confederates,  or 
either  of  them,  have  or  hath  upon  hand;  and  that  the  said  Defendants 


BILLS    FOR    LITERARY    PROPERTY.  295 

may  leave  in  the  haiuls  of  their  clerk  in  Court,  for  the  inspection  of  your 
Orator  or  his  agents,  a  copy  of  the  said  overture  or  symphony  so  set,  &c. 
and  a  copy  of  each  of  the  said,  &c.  or  any  part  or  parts  of  either  of  the 
said  compositions  which  they,  or  either  of  them,  have  or  hath  so  sold  or 
caused  to  be  sold. 

Prayer. 

And  that  an  account  may  be  taken,  under  the  direction  of  this  ho- 
norable Court,  of  all  the  sum  and  sums  of  money  come  to  the 
hands  of  the  said  Defendants,  or  either  of  them,  or  of  any  other 
person  or  persons,  for  their  or  either  of  their  use,  as  the  price  or 
consideration  of  the  said  overture  or  symphony  so  set,  &c.  and  of 
the  said  books  or  works,  or  either  of  them,  or  of  any  part  or 

parts  of  them,  or  any  of  them.  And  that  the  said  Defendants  may 
be  decreed  to  pay  the  same  to  your  Orator,  and  that  they  and  eacli 
of  their  agents  may  be  restrained  by  an  injunction  issuing  out  of 
and  under  the  seal  of  this  honorable  Court,  from  printing,  engrav- 
ing, or  importing,  and  also  from  publishing,  exposing  to  sale,  or 
selling,  any  copy  or  copies,  of  the  overture  or  symphony  so  set,  &c. 
and  of  the  said  books  or  works,  or  any  of  them,  or  of  any  part 

or  parts  of  them,  or  any  of  them,  whic|i  have  been,  or  shall  be 
printed,  engraved,  or  imported  without  the  consent  of  your  Orator, 
obtained  according  to  law,  until  your  Orator's  aforesaid  interest  shall 
expire.     And  for  further  relief. 


296 


SEC.  XIX. BILLS  OF  INTKRPLKADER. 


A  BILL  of  Interpleader  is  where  the  person  exhibiting 
the  Bill  claims  no  right  in  opposition  to  the  rights  claimed 
by  the  persons  against  whom  the  Bill  is  exhibited,  but  prays 
the  decree  of  the  Court  touching  the  rights  of  those  persons, 
for  the  safety  of  the  person  exhibiting  tJie  Bill.     Mit.  32. 

But  that  which  is  commonly  called  a  Bill  of  Interpleader, 
is  that  which  is  exhibited  by  a  third  person,  who,  not  know- 
ing to  whom  he  ought  of  right  to  render  a  debt  or  duty,  or 
pay  his  rent,  fears  he  may  be  hurt  by  some  of  the  claim- 
ants, and  therefore  prays  that  they  may  interplead,  so  that 
the  Court  may  judge  to  whom  the  thing  belongs,  and  he 
fee  thereby  rendered  safe  on  the  payment :  as  w  here  two 
parties  are  pretending  title  at  one  and  the  same  time  to  an 
estate,  and  are  harrassing  and  suing  the  tenants  for  non- 
payment of  rent. 

To  this  Bill  the  Plaintiff  must  annex  an  affidavit  that  he 
does  not  exhibit  it  by  fraud  or  collusion  with  all,  or  either  of 
the  Defendants,  or  of  any  other  person  or  j)ersons,  but  only 
to  be  indemnified,  and  to  pay  his  rent  or  debt  safely,  to  such 
person  to  whom  the  Court  shall  order  or  adjudge  the  same 
to  belong. 

The  Plaintiff  who  brings  a  Bill  of  Interpleader  com- 
monly offers  by  his  Bill  to  pay  the  money  or  rent  into 
Couit,  for  the  benefit  of  such  party  to  whom  the  Court 
shall  adjudge  the  same  to  belong ;  and  in  case  he  does  not 
make  such  offer,  the  Court,  upon  ap))lication   of  cither  of 


BILLS  OF  INTERPLEADER.  297 

the  Defendants,  will  order  such  Plaintiff  to  pay  the  money 
or  rent  into  Court,  or  the  Bank  of  England,  for  the  benefit 
of  such  party  to  whom  the  Court,  at  the  hearing  of  that 
cause,  shall  decree  the  same. 

An  interpleading  Bill  is  exactly  upon  the  footing  of  an 
injunction  to  stay  waste,  and  may  be  supported  by  affidavit 
of  material  facts.    2  Ves.  jun.   101. 

It  must  appear  by  the  Bill  that  there  is  some  person  ca- 
pable of  interpleading,  and  it  must  shew  that  there  is  such 
a  person  in  rerum  naiura  as  can  interplead.  It  nmst  also 
shew  that  each  of  the  Defendants  whom  it  seeks  to  com- 
pel to  interplead,  claims  a  right,  otherwise  both  the  De- 
fendants may  demur  :  the  one,  because  the  Plaintiff  shews 
no  claim  of  right  in  him  ;  the  other,  because  the  Bill  shew- 
ing no  claim  of  right  in  the  Co-defendant,  shews  no  cause 
of  interpleader.  If  the  Plaintiff  shews  no  right  to  com- 
pel the  Defendants  to  interplead,  whatever  rights  they  may 
claim  each  Defendant  may  demur.    Mad.  vol.  i.  p.  14-6- 


39 


298  J51I.LS   or    INTERPLEADER. 

ilUl  of  laUrplcLuhr  hij    Tenant  for  Paijvicnt  of  Rents  of 
leased  Picmhcs^  with  Afjidavil  annexed. 

lliinibly  complaining^,  slievveth  unto  3'onr  Lordship,  yonr  Orator  A.  I*. 
ot,  Scc.  that  your  Orator  was,  in  and  before  the  inoiUh  o!'  ,  which 

was  in  the  year,  &.c.  tenant  in  possession  of  an  undivided  moiety  or 
iialf  part  of,  &c.  at  and  under  the  yearly  rent  of  X  ,  lliercnpoii 

payable  for  the  same,  and  which  iiatl  l-ecn  theretofore  irranted,  together 
willi  the  other  moiety  tliereot',  to  him  by  indenture  ol  lease,  bearing  date, 
\:c.  by  one  C.  1).  then  of.  Sec.  and  wiio  liatli  long  cilice  departed  this 
life,  for  a  term  of  y<^i»i"s,         months,  and  days,  whicli  expired 

long  since  ;  and  yom-  Orator  continued  in  the  posses^ion  thereof,  and 
there  then  becajiie  and  was  due  from  your  Orator  the  sum  of  J!  as 

lor  years  rent  of  the  said  premises,  at  and  after  the  rate  of  X 

per  annum,  out  of  which  your  Orator  claims,  and  is  entitled  to,  an  al- 
lowance of  the  sum  of  X  for  taxes  and  other  outgoings  paid  by 
him  in  respect  of  the  said  moiety  of  t!ie  said  premises  during  the  time 
uloresaid  and  which  sum  of  X  being  deducted  from  the  said  sum 
of  £              ,  leaves  a  clear  l>alai!ce  of  the  sum  of  X  now  due 
1  herefrom,  and  to  be  paid  by  your  Orator  to  tlie  person  or  persons  en- 
titled to  receive  the  rents  arid  profits  of  the  said  moiety  of  the  said  pro- 
mises.    And  your,  Jvrc.    that  your  Orator  hath  aUvays  been  ready  and 
willing,  and  now  is  ready  and  v.illing,  anil  here!;y  oilers  to  pay  the  said 
sum  of  X              ,  in  >:;ch  manner,  and  to  such  pers<ni  or  persons  as  this 
honorable  Court  >li:ill  please  to  di.ect.     And  your  Orators  would   have 
long  since  paid  the  saiti  rent  and  the?  arrears  thereof,  had  there  been  any 
person  or  persons  to  whom  he  could   have  safely   paid  the  same.     But 
now,  &c.   Defendants  severally   set  uj)   claims  to  the  said  one  undivided 
moiety  of  the  premises,  and  to  the  rents  and  profits  thereof,  and  each  of 
them  the  said  confederates   do  severally  and  distinctly  insist  on  some 
light  and  title  to  the  rents,  or  arrears  of  rents,  now  due  and  owing  from 
3 our  Orator,  for  and  in  respect  of  the  said  one  undivided  n)oiely  of  the 
said  premises,  or  some  part  or  parts  tliereof,  ar.tl  have  and  do  demand 
the  payment  thereof,  or  of  some  part  or  p.uts  therej)f,  from  ynijr  Orator, 
and  threaten  to  commence  and  bring  several  actions  at  law  against  your 
Orator  lor  the  recovery  thereol^  an  1  otherwise  to   \vx  and  harrass  your 
Orator  concerning  tlie  same.     All  wliich  actings,  df»ings,  and  pretences 
of  the  said  confederates  are  contrary  to  e(|uily  and  good  conscience,  and 
Kiid  to  the  manifest  wrong  and   injiny   oi  your  Orator  in  the  premises. 
In  consideration  whereof,  and  forasmuch  as  your  Orator  is  remediless  in 
tlie  premises  by  the  strict  rules   of  the  common  law,  and   can   only  be 
r>'iievul.»le  in  a  court  (;f  equity,  wli<re   matters  of  tlii>    nature   are   pro- 


r.lLT-S  OF  INTERPLEADER. 


299 


porly  rognizuble  and  irlirvaljlc,  <Vc.  where  your  Orator  may  compel  llie 
said  claimants  to  interplead,  and  settle  and  adjust  their  rights  and  de- 
mands between  themselves,  so  that  your  Orator  may  be  enabled  to  pay 
the  said  rent  and  arrears  of  rent  with  safety.     To  the  end,  &c. 

Prayer. 

And  that  they  may  severally  set  forth  and  discover  what  right  or  title 
they  and  each  of  thei.i  claim  or  have,  in  or  to  the  said  moiety  of 
the  said  premises,  and  how  they  and  each,  of  them  derive  and  make 
out  the  sanie.  And  that  they  may  set  forth  to  which  of  them  the 
said  rent  and  arrears  of  rent  doth,  or  do  of  right  belong,  or  is  or 
are  pavable,  or  ought  to  be  paid,  and  may  interplead,  and  settle, 
and  adjust  their  said  demands  between  themselves,  your  Orator 
being  ready  and  willing,  and  hereby  offering  to  pay  the  said  rent 
and  arrears  of  rent,  to  such  of  the  said  confederates  to  whom  the 
same  shall  appear  of  right  to  belong,  being  indemnified.  And  that 
your  Orator  may  be  at  liberty  to  bring  the  same  into  this  honorable 
Court,  which  your  Orator  doth  hereby  offer  to  do,  for  the  benefit 
of  such  of  the  several  parties  who  shall  appear  to  be  entitled 
thereto.  And  that  the  said  several  Defendants,  and  each  and  every 
of  them,  may  be  restrained  by  the  injunction  of  this  honorable 
Court,  from  all  proceedings  at  law  against  your  Orator  for  the  said 
rent  and  arrears  of  rent.     And  for  further  relief,  cVc. 

T.  N- 
"The  usual  aiTidavit  against  collusion  as  follows: — 

Between  A.  B. Plaintiff,. 

and 
E.  F Defendant. 

A.  B.  the  above-named  Plaintiff,  maketh  oath  and  saith,  that  he  doth 
not  in  any  respect  collude  with  any  or  either  of  the  Defendants  above- 
named,  touching  the  matters  in  question  in  this  cause,  nor  is  he  in  any 
manner  indemnified  by  any  or  either  of  the  Defendants,  nor  doth  he 
exhibit  his  bUl  at  the  request,  or  with  the  knowledge  of  any  or  either  of 
them,  but  merely  of  his  own  free  will,  and  to  avoid  being  sued  or  molested 
touching  the  matters  contained  in  his  said  bili. 

Fworn.  &.'<:.  Sec. 


300 


BILLS    OF    INTEKPLKADEK. 


Bill  of  Interpleader  by  a  Tenant^  whose  Goods  had  been 
distrained  by  one  of  two  Tenants  in  Common^  for  the 
whole  rent  due  after  he  had  Notice  from  the  other 
Tenant  in  Common  not  to  pay  his  Rent  to  the  Person 
distraining. 

That  R.  A.  late  of,  Sec.  deceased  was  in  his  lire-time  seised  in  fee- 
simple,  or  some  other  good  estate  of  inheritance,  of  or  in  the  messuage 
or  tenement,  ground  and  hereditaments  hereinafter  mentioned,  and  being 
so  seised  and  entitled,  he  did,  by  indenture  bearing  date,  &:c.  and  made 
between  the  said  R  A.  of  the  one  part,  and  T.  D.  of  the  other  part, 
for  and  in  consideration,  Arc.  (demised  said  |)remi-.es  for  years,  at 

the  yearly  rent  of  £  .) 

That  the  said  T.  D.  from  the  date  of  the  said  indenture  of  lease,  held 
and  enjoyed  the  said  ground,  messuage  or  tenement  and  premises,  until 
ahoijt  ,  when  he  quitted  the  business  of  a  baker,  and  let  part 

thereof  to  R.  L.  a  baker,  and  the  other  part  thereof  to  some  other  per- 
son, as  tenants  to  him  the  said  T.  I). 

That  the  said  T.  D.  departed  this  life  on  or  about,  &c.  having  first 
duly  made  and  published  his  last  will  ami  testament  in  writing,  bearing 
date  on  or  about,  &c.  and  thereby,  (amongst  other  freehold  and  copy- 
hold estates,)  gave  and  devised  to  your  Orator,  &c.  (gave  said  premises 
upon  certain  trusts  therein  expressed,  and  anj)ointed  his  wife  M.  D.  and 
Oratrix  joint  execulrixe-;.) 

That  the  said  executrixes,  shortly  after  the  said  T.  D.'s  de?»th,  duly 
proved  the  said  will  in  the  Prerogative  Court  of  the  arclibi^hop  of  C. 
and  the  said  M,  D.  is  since  dead,  whereby  your  Oratrix  became  and  is 
now  entitled  to  the  said  ground,  messuages,  or  tenements  and  premises, 
for  the  remainder  of  the  said  term  of  years,  if  she  should  so 

long  live.  And  the  said  ground,  messuages,  or  tenements  and  premises, 
are  now  let,  one  pat  t  thereof  to  the  said  R.  L.  and  the  other  [lart  thereof 
to  E.  S.  as  tenants  thereof  under  Orator  and  Oratrix. 

That  the  said  R.  A.  is  also  dead,  having  before  his  death  duly  made 
and  published  his  last  will  and  testament  in  writing,  and  thereby  bequeath- 
ed to  his  heirs,  whom  he  took  to  be  E,  H.  of,  ioc.  and  E.  D.  of,  &c.  and 
to  their  heirs,  all  his  real  estate,  lands  and  houses,  situate,  &c.  subject 
to  such  charges  and  incumbrances  as  should  be  aflecting  the  same  at  the 
time  of  his  death,  and  subject  to  an  annuity  of  X  per  annum  to  his 

three  sisters  in-law,  A.,  B.,  and  C,  for  their  lives,  and  the  liJe  of  the 
survivor  of  them. 

That  from  the  decease  of  the  said  R.  A.  one  H.  H.,  for  and  on  the 
behalf  of  the  said  E.  H.  and  E.  D.,  received  of  the  said  T.  I),  and  M. 
his  wife  during  their  respective  lives,  and  after  both  their  deaths,  re- 


BILLS    OF    INTERPLEADER.  801 

ceived  of  Orator  and  Oratrix  the  rent  of  the  said  ground,  &c,  up  to  the 
of  ,  from  which  time  or  thereabouts,  the  said  II.   II.  was 

put  out  from  receiving  tlie  said  rents,  and  no  person  or  persons  ever 
applied  to  PhiintifTs,  or  either  of  them,  for  any  rent  for  the  said  ground, 
messuages,  &c.  nor  did  PhiintifTs  or  either  of  th<-m  know  wiio  to  pay  the 
said  till  since  Midsummer-day  ,  when  one  J.  T.  of  &c.  applied  to 

Plaintiffs  for,  and  diMuanded  the  arrears  of  rent  on  the  behalf,  as  he 
pretended  of  the  sriid  E.  II  and  E.  D.  tiiough  he  never  produced  to 
Plaintiffs,  or  either  of  them,  any  authority  from  the  said  E.  H.  and  E.  D. 
or  either  of  them,  for  the  s;ime  ;  and  about  the  same  time  Plaintiffs  were 
applied  to  on  the  behalf  of  the  said  E'..  D.  atid  requested  not  to  pay  any 
rent  to  the  said  E  II.  but  to  pay  the  same  to  the  said  E  D.  for  that 
the  said  E.  II.  had  not  properly  accounted  with  and  paid  the  said  E.  D. 
her  part  of  the  rents  that  had  been  before  received  by  the  said  H.  II. 
and  by  him  paid  into  the  hands  of  the  said  E.  H.  and  therefore  Plaintiffs 
could  not  judge  or  determine  to  whom  they  could  securel}'  pay  flie  ar- 
rears of  rent  due  for  the  said  premises.  But  Plaintifis  shew,  that  in  order 
to  find  out  under  what  right  or  title  the  said  E.  H.  and  E.  D.  claimed  title 
to  the  said  pr;  ini.-;es,  and  to  the  said  arrears  of  rent  due  for  the  same,  your 
Orator  searched  the  registry  of  the  Prerogative  Court  of  the  Archbishop  of 
C  for,  and  llieie  found  and  received  the  will  of  the  said  R.  A.  deceased,  to 
the  effect  hereinb(-fore  set  forth,  and  thereupon  Orator  went  to  the  house 
of  the  said  E.  H.  in  order  to  speak  with  him  respecting  the  same,  bit  not 
finding  the  said  E.  II.  at  home,  Orator,  on  or  about,  Sec.  wrote  a  letter 
to  the  said  E.  H.  to  the  following  effect,  &c.  (stating  that  he  had  read 
tlie  vnll^  and  nffcring  to  pa>j  a  mdtty  of  rent  to  E.  II.  he  being  entitled 
to  no  more.) 

That  the  said  E.  II.  never  gave  Plaintiffs,  or  either  of  them,  any  answer 
to  the  said  letter,  and  on  or  about,  &c.  the  said  J.  T.  notwithstanding 
such  offer  of  payment  of  the  said  E.  H.'s  moiety  of  the  said  rent  to  him, 
the  said  E.  H.  entered  upon  the  said  ground,  &e.  so  occupied  by  the  said 
R.  L.  and  E.  S,  as  tenants  to  Plaintiffs  as  aforesaid,  and  distrained  their 
goods  for  the  whole  of  the  said  arrears  of  rent,  and  gave  notice  in  writing 
to  the  effect  following ;  that  is  to  say,  that  he  had,  as  authorized  from 
E.  H.  distrained  for  two  years,  and  three  quarters'  rent,  and  that  unless 
paid  within  five  days,  goods  would  be  sold. 

That  immediately  upon  such  distresses  being  made,  and  Plaintiffs  not 
thinking  it  safe  or  secure  for  them  to  pay  the  whole  of  the  said  arrears 
of  rent  to  the  said  E.  H.  after  having  received  notice  from  the  agent  of  the 
said  E.  D.  not  to  pay  the  said  arrears  of  rent  to  him  the  said  E.  II.  and 
Plaintiffs,  being  apprehensive  if  they  did,  they  would  be  liable  to  y:)ay  the 
same  again,  and  therefore,  in  order  to  gain  time  to  be  properly  advised 
how  to  act  vvitli  safety,  Plaintiffs  caused  the  said  goods  and  chattels  of  the 
said  R.  L    and  E.  S.  so  distrained  for  the  said  arrears  of  rent,  to  be 


302  BILLS    OF    INTERTLEADLR. 

replevied,  and  entered  plaints  in  replevin,  in  the  Consistory  Court  of  tlie 
Slierifl'  of'  IVIiddlescx,  and  liave  since  caused  writs  of  recordari  facias 
/oquclarn,  to  be  brought,  returnable  the  first  return  of  Michaelmas  term 
,  and  removed  the  said  plaints  into  his  Majesty's  Court  of  King's 
Bench. 

Tliat  Plaintifls  are  not  able  to  determine  how  or  in  what  manner  they 
ran,  witii  safety  and  security,  pay  the  said  arrears  of  rent,  because,  on  the 
one  hand,  the  said  J.  T.  who  has  subscribed  his  name  to  the  said  notices, 
as  duly  authorized  by  the  said  E.  H.  only,  and  which  said  E.  H.  accord- 
ing to  the  will  of  the  said  N.  A.  is  entitled  to  only  one-half  part  thereof, 
lias  made  a  distress  for  the  whole  arrears  of  such  rent,  as  due  to  the  said 
G.  H. ;  and,  on  the  other  hand,  the  said  E.  D.  who  is,  by  the  said  will, 
entitled  to  the  other  moiety  of  the  said  arrears  of  rent,  insists,  that  Plain- 
tiffs shall  not  pay  the  said  rent  to  tiie  said  E.  II.  All  which,  &;c. ;  and 
forasmuch  as  Plaintiffs  are  remediless  in  the  premises,  without  the  aid  of 
a  court  of  equity,  where  the  said  several  claimants  may  interplead,  and 
settle  and  adjust  their  several  rights,  claims,  and  demands,  between  them- 
selves, so  that  Plaintiffs  may  be  enabled  to  pay  the  said  rent,  and  arrears 
of  rent,  with  safety.     To  the  end.  Sec. 

Prayer. 

And  that  the  said  confederates  may  set  forth  to  which  of  them  the 
said  arrears  of  rent  belong,  and  by  what  right  or  title  they  respec- 
tively claim  the  same;  and  that  they  may  interplead  and  settle  and 
adjust  their  said  demands  between  themselves,  Plaintifls  being  ready 
and  willing  to  pay  the  said  arrears  of  rent,  or  such  part  thereof  as 
this  honorable  Court  shall  adjudge  or  think  Plaintiffs  liable  to  pay, 
after  deducting  the  land  tax,  and  otlicr  things,  as  are  charged  thereon, 
for  the  landlord  to  pay,  to  the  person  or  persons  to  whom  the  same 
shall  appear  of  right  to  belong,  being  indemnifie<i,  and  in  the  mean 
time  to  bring  the  same  into  this  honorable  Court,  for  the  benefit  of 
such  of  the  parties  as  shall  appear  to  be  entitled,  as  this  h«morable 
Court  shall  direct  ;  and  that  said  Defendants  may  be  restrained 
from  j^roceeding  at  law  against  Plaintifls,  and  also  against  Plain- 
tiff's tenants,  for  the  said  rents.     And  for  further  relief. 

R.  B. 
In  the  I,xcheqi:or. 

Between  W.  S,  and  M.  his  wife,       -         -         Plaintiffs, 
and 
E.  H.  E.  D.  and  J.  T.        -         -         Defendants. 
The  Plaintifls,  W.  S.  and  M.  his  wife,  severally  make  oath,  and  say, 
that  they  have  exhibited  their  bill  of  interpleader  against  the  Defendants 
in  this  cause,  without  any  fraud  or  collusion  between  them  and  the  said 


BILLS    OJ'    INTEKPLEADKil.  303 

Defendants,  or  any  or  either  of  tiieni  ;  and  tliat  tlipy  the  PhiiiitiiTs,  nor 
ehhor  of  tlitui,  liave  not  exhibited  ihcir  said  bill  at  thf  reiiuest  of  the  said 
Defendants,  or  of  any  or  either  of  them  ;  and  that  the  said  Plaintiffs,  or 
either  of  them  are  not  indemnified  b}'  the  said  Defendants,  or  by  any  or 
either  of  them  ;  and  severally  say,  that  they  have  exhibited  their  said  bill 
with  no  other  intent  but  to  avoid  being  sued  or  molested  by  the  said  De- 
fendants, who  are  proceeding,  wr  threaten  to  proceed  at  law  against  the 
riainliffs,  for  recovery  of  the  rent  of  the  ground,  messuage,  or  tenement 
and  premises,  in  the  said  bill  mentioned. 

W.  S.    5  Sworn  at  Newington,  this  -llh 

j^l.  S.    I      Nov.  1773,  before  me,  (i.  P. 


Bill  of  Interpleader  by  Executors,  whose  Testator  was  pos- 
sessed of  cerlain  Trust  Monies,  and  for  which  a  Bill  in 
Equity  had  been  filed  by  the  Heir  at  Law  of  Cestuique 
Trust,  and  an  Action  at  Law  brought  by  the  Husband. 

States,  that  J.  J.  father  of  sir  II.  .1.  by  his  will,  dated  &c.  inter, 
nl.  gave,  &c.  (to  his  three  daughters,  E.  F.  and  A.  £  each,  if  ihey 
jwarried,  who  could  settle  £  yearly  and  £  to  those  who  did  not, 
gave  residue  to  his  son  H.  his  executor. J 

That  Testator,  without  altering  his  will,  died,  and  the  son  II.  proved, <5Lx. 

That  the  said  E.  who  was  Testator's  eldest  daughter,  havin^-  continued 
for  many  years  single,  and  hei-  portion  being  uncertain,  and  not  payable 
till  her  mariiage,  the  same  therefore  remained  in  her  brother's  hands,  as 
residuary  legatee  and  executor  of  his  father. 

That  the  said  E.  about,  &c.  intermarried  with  Defendant  D.  but  he 
not  being  seised  or  entitled  in  lands  of  the  3early  value  of  £  as  re- 

quired by  the  will,  she,  by  the  said  v/ill,  became  entitled  to  £  portion 
hut  the  sai4  E.  having  by  articles  made  previous  to  her  marriage,  re- 
served and  settled  her  said  portion  of  £  ,  with  the  rest  of  her  for- 
tune to  her  own  sole  and  separate  use,  with  power  of  disposing  thereof 
notwithstanding  her  coverture  to  such  separate  use  or  uses,  the  said  le- 
gacy of  £  was  continued  in  the  hands  of  the  said  sir  II.  J.  the  son 
and  executor,  at  interest. 

That  the  said  E.  having,  in  or  about,  &c.  entered  into  a  contract  for 
the  purchase  of  certain  freehold  lands,  the  said  sir  II.  paid  licr  £  to 

complete  the  said  purchase,  with  all  interest  then  due  for  said  £  ,  so 

that  there  remained  £  ,  part  of  the  said  £  ,  in  the  hands  of  the 
said  sir  II.  ;  and  so  it  appears,  in  an  account  thereof  in  the  books  of  the 
said  sir  II.  which  was   settled  and  i^igned  b;-  them  resneciively  on,   &r. 


804  BILLS  OF  INTERPLEADER. 

and  the  said  £  ,  having  been  continued  in  the  hands  of  the  said  sir  H. 
as  the  trustee  as  aforesaid,  he,  from  time  to  time,  duly  paid  the  interest  for 
the  same  to  her,  for  her  separate  use,  until  her  death,  after  mentioned. 
And  the  said  sir  H.  on,  &r.  borrowed  of  his  said  sister  £  on  his  pro- 
missory note,  which  he  gave  to  her  in  her  own  name,  for  securing  the 
same,  with  interest,  at  4  per  cent.  But  the  said  Defendant  alleges, 
tiiat  the  same  belonged  to  him.  and  was  not  part  of  the  separate  property 
of  his,  notwithstanding  the  note  was  given  to  hor. 

That  on  or  about,  &c.  the  said  E.  having  in  her  hands  £  ,  part  of 
her  separate  property,  desired  the  said  sir  II.  to  take  the  same  at  interest, 
and  on  or  about,  &c.  paid  to  him  £  on  the  trusts  aforesaid, 

whereby  the  principal  money  in  his  hands  was  £  ,  the  interest  whereof 
was  pai<l  to  her  till  the  time  of  her  death. 

1  hat  the  said  E.  died  on  or  about,  &c.  leaving  the  said  £  ,  trust 
monies,  in  the  hands  of  the  said  sir  H.  as  well  as  the  said  £  ;  and  the 
said  Defendant  D.  after  the  death  of  his  wife,  pretending  to  the  said  sir 
H.;  that  he  was,  by  virtue  of  the  will  of  (he  said  E.  or  some  instrument 
or  appointment,  which  he  alleged  had  been  duly  executed  by  her,  in  pur- 
suance of  a  power  reserved  to  her  in  her  marriage  settlenit;nt,  entitled 
as  her  executor,  or  as  a  trustee  named  in  such  instrument,  to  the  said 
£  ,  and  also  entitled  to  the  said  £  ,  in  his  own  right ;  and  said 

sir  H.  believing  the  same  to  be  true,  without  examining  into  such  the 
said  D.'s  right,  actually  paid  the  said  Defendant  the  several  sums  at  the 
respective  times  after  mentioned  (that  is  to  say,)  &c.  by  which  means 
there  only  remained  in  his  hands  £  trust  money,  and  for  securing  the 
said  £  trust-money  remaining  in  his  hands,  he  gave  to  said  Defend- 
ant a  promissory  note  for  the  payment  thereof,  and  interest,  but  sir  li. 
declining  greatly  in  his  health,  the  said  Defendant,  on  that  account,  was 
desirous  that  the  said  sir  H.  should  give  him  a  bond  for  the  better  securing 
the  said  trust-money  remaining  in  his  hands  ;  to  which  the  said  sir  H.  con- 
sented, and  on,  &c.  executed  his  bond  accordingly,  all  interest  having 
been  paid  up  to  that  time,  and  the  said  Defendant  delivered  up  the  said 
note  for  £ 

That  sir  H.  died  on,  &c.  made  will,  &c.  and  appointed  Plaintiffs  exe- 
cutors, who  proved.  Sic. 

That  as  said  bond  was  given  to  said  Defendant  D.  and  Plaintiffs  had 
not  any  notice  or  knowledge  of  any  trust  concerning  the  same,  Plaintiffs, 
at  the  request  of  said  Defendant,  paid  him  (he  interest  of  £  down 

to  .Michaelmas  las*,  and  would  have  continued  to  have  paid  him  the 
same.  But  Defendant  S.  T.  as  the  eldest  brother  and  heir  at  law  of  said 
E.  hath  lately,  not  only  expressly  forliid  Plaintiffs  paying  any  further 
interest  thereon,  but  hath  exhil>ited  his  bill  in  this  Court  against  Plaintiffs 
as  executors  of  the  said  sir  J4.  thereby  setting  forth  that  the  said  legacy 


BILLS   OF  INTERPLEADER. 


305 


of  £  with  the  rest  of  the  fortune  of  the  said  E.  by  certiiin  articles, 

&c.  and  thereby  praying,  that  the  said  £  and  interest,  the  remainder 
of  the  said  trust  money  so  due  on  sir  H.'s  bond,  ought  to  be  laid  out  in 
such  purchase  as  directed  by  aforesaid  articles,  or  paid  to  him  as  heir  at 
law,  to  his  sister,  and  be  paid  to  him  accordingly  out  of  the  assets  of  sir 
H.     And  tlie  said  D.  insists  on   the  payment  of  the  said  £  and 

interest  so  secured  by  the  said  bond,  and  that  he  Is  entitled  tlicreto  in  his 
own  right,  and  not  upon  aily  trusts  whatever.  And  Plaintiffs  being  will- 
ing and  desirous  to  pay  off  said  bond  by  and  out  of  the  assets  of  the  said 
Testator,  gave  notice  of  the  said  claim  and  proceedings  to  the  said  De- 
fendant D.  and  requested  the  said  T.  and  D.  respectively  cither  to  settle 
their  respective  clairps  and  disputes  between  themselves,  and  agree  and  con- 
sent to  the  payment  of  the  said  £  and  interest,  to  one  of  them,  out  of 
the  assets  of  the  said  sir  H.  or  to  permit  Plaintiffs  to  pay  the  same  into  the 
Bank  of  England,  or  to  invest  the  same  in  government  securities  until  such 
claims  were  determined.  And  Plaintiffs  hoped  in  the  mean  time,  that  they 
would  not  have  been  sued  or  molested  by  the  said  Defendants  T.  and  D. 
or  either  of  them  upon,  or  concerning  trust  money  or  bond.  But  Defen- 
dants refuse  either  to  adjust  the  said  claims  between  themselves,  as  they 
ought,  and  in  order  to  liarrass  Plaintiffs,  Defendant  D.liath  lately  brought 
an  action  in  the  Common  Pleas  against  Plaintiffs  and  said  S.  T.  to  recover 
the  said  £  and  interest  out  of  the  assets  oi'tlie  said  sir  H,  and  to 
give  some  colour  thei'oto,  the  said  D. 

Pretends,  that  the  fortune  of  said  E.  or  any  part  thereof,  was  not  by 
articles  made  previous  to  their  marriage  settled  to  be  laid  out  in  lands  to 
such  uses  as  aforesaid,  but  that  she  the  said  E.  had  {X)wer  by  her  v.i'l,  or 
any  writing  purporting  to  be  her  will,  to  give,  limit,  and  appoint,  as  well 
the  said  portion  in  such  manner  as  she  should  think  fit,  and  that  she  by 
virtue  of  such  power,  by  her  last  will  as  she  alleges,  duly  executed  in  the 
manner  prescribed  in  the  said  settlement,  appointed  her  whole  to  him,  or 
otherwise  gave  him  the  interest  and  produce  thereof  for  his  life,  and  some 
other  share  or  interest  therein,  with  power  to  dispose  thereof,  and  that 
he,  under  the  said  will,  has  a  right  to  recover  and  receive  the  money  due 
on  the  said  bond,  and  that  the  said  S.  T.  hath  not  any  right  to  the  sard 
£  or  the  interest  thereof.     But  said   Defendant  D.  refuses  to  pro- 

duce to  Plaintiffs  the  said  marriage  articles  or  will,  to  shew  how  he  makes 
out  liis  claim  thereto,  under  a  pretence  tliat  the  said  bond  is  made  ab.'io- 
lutely  to  him.     And  threatens,  that  if  Plaintiil's  pay  said  £  that 

he  will  compel  them  to  pay  the  same  again. 

Charge,  that  they  are  ready  and  have  offered  to  layout  the  said  £ 
and  interest  so  due  on  the  said  bond,  in  such  government  or  other  se- 
curity, as  said  D.  and  T.  shall  agree  upon,  or  to  lay  the  saiJ-£ 
and  interest,  in  case  tbev  would  determine  their  reepectivo  claim?,  and 

40 


50G  BILLS  OF  LMEUrLEADER. 

not  perplex  Plaiiilills  who  have  no  interest  in  the  matters  in  question. 
Nevertlielcss,  they  severally  insist  on  proceeding  in  the  said  action  and 
suit  against  Plaintiffs,  although  they  well  know  that  Plaintiffs  cannot 
with  safely  pay  the  said  £  and  interest,  to  either  of  them.     And 

Defendant  ^\^  tlie  surviving  Trustee,  under  the  settlement  or  some  assign- 
ment, pretends,  that  he  is  entitled  to  receive  the  said  £  and  interest, 
but  for  whose  use  or  benefit  he  refuses  to  discover.     To  the  end,  &ic. 

Prayer. 

'I'hat  the  rights   and  claims  of  the  Defendants  of,  in,  and  to  the  saiu 
£  and  ii.terest.  may  be  settled  and  determined  by  the  decree 

cf  this  honorable  Court.  And  that  Plaintiffs  may  be  at  liberty  to 
pay  the  said  £  and  interest,  from  Michaelmas  day  last,  into  the 
Bank,  in  the  name  of  the  Accountant-General,  subject  to  the  order 
of  the  Court,  which  Plaintiffs  are  ready  and  willing,  and  hereby 
offer  to  pay  accordingly.  And  that  Defendants  may  be  interplead- 
ing among  themselves,  according  to  law  and  equity  determine  their 
respective  claims  to  the  said  £  and  interest,  and   for  an  in- 

junction against  said  Defendant  D.  and  upon  such  payment  being 
•  J  made  by  Plaintiffs,  that  said  Defendant  D.  may  deliver  up  to 
them  the  said  bond  Ij  be  cancelled.     And  for  further  relief. 


Bill  of  Inlcrplcader  by  Tenants  against  Executors,  under  a 
Will,  and  Trustees  under  a  Deed,  and  against  an  Infant 
Tenant  in  Tail,  the  Trustees  claiming  an  Apportionment 
of  the  Rent  to  the  Ceath  of  Tenant  for  Life,  and  the 
Executors  claiming  the  whole  half-year^  Rent  for  the 
Infant  Tenant  in  Tail,  and  an  Injunction  to  restrain 
them  from  proceeding  at  Law. 

States,  that  T.  B.  late  of,  &c.  deceased,  did,  when  he  was  of  sound 
and  disposing  mind,  memory  and  understanding,  duly  make  and  pubhsh 
his  last  will  and  testament,  bearing  date,  &c.  which  was  executed  and 
attested  in  such  manner  and  form,  as  by  law  is  required,  for  passing  real 
estates,  whereby  (amongst  other  things)  he  gave  and  devised,  Arc.  (all  his 
manors  and  messuages,  &c.  to  lord  .M.  and  J.  JM.  two  of  the  Defendants, 
subject  to  certain  annuities  in  trust  for  J.  B.  since  deceased,  for  life,  sans 
waste  remainder  to  his  first  and  other  sons  in  tail  male,  Scc.  a  power  to 
the  person  who  should  be  in  possession,  under  hand  and  seal,  to  lease, 
.S'c.  and  appointed  them  executors)  as  in  and  by,  &c. 


HILf.S   OF  INTERPLEADER.  307 

That  part  of  tlie  residue  of  the  said  Testator's  personal  estate,  consisted 
of  the  sum  of  £  ,  lent  by  way  of  moitgage  on  tlie  security  of 

certain  estates  and  premises,  situate,  <lc.  and  that  the  mortgagor  of  th(^ 
said  mortgaged  premises,  having  left  the  kingdom,  ejectments  wen; 
brought  against  the  tenants  of  the  said  mortgaged  prennscs,  hy  the  said 
Testator  T.  B,  and  possession  thereof  was  recovered  by  him. 

That  sometime  after  making  the  said  will,  the  said  Testator  departed 
this  life  without  altering  or  revoking  such  will,  leaving  the  said  J  I>.  him 
surviving,  and  he  the  said  I.  B.  thereupon,  under  and  by  virtue  of  t!ie  said 
will,  which  hath  since  been  established  under  a  decree  of  tlii.^.  Court 
against  the  Testator's  heir  at  law,  entered  into  the  possession  and  receipt 
of  the  said  manor,  hereditaments  and  premises  thereby  devised,  and  also 
of  the  said  mortgaged  premises.  But  the  said  J.  B.  being  some  tinip 
afterwards  much  involved  in  debt,  and  being  desirous  of  making  a  pro- 
vision for  the  payment  of  sucli  debts,  did,  by  certain  indentures  of  lease 
and  release,  bearing  date,  &c.  duly  convey  all  his  estate  and  interest  in 
the  said  premises,  &c.  and  in  the  said  mortgaged  premises  unto,  Sec.  &:<-. 
{state  deeds  shortlt/.)  (To  W.  L.  and  T.  two  other  Defendants,  for 
the  term  of  years,  if  he  should  so  long  live,  upon  trust  to  lease,  &:c. 

and  manage  estates,  and  allowing  an  annuity  of  ^6'  to  J.  B.  and 

surplus  for  his  creditors)  as  in  and  by,  &c. 

That  the  said  I.  B.  departed  this  life  on  or  about,  &c.  having  duly 
made  his  will,  and  appointed  G.  D.  another  defendant,  with  ceil;iin 
other  persons,  executors  thereof,  but  the  said  G.  D.  alone  proved  the 
same,  and  acted  in  the  execution  thereof,  and  the  said  J.  B.  left  J.  B. 
another  Defendant,  an  infant  under  the  age  of  21  years,  his  eldest  son 
him  surviving,  who  thereupon  became,  and  now  is  tlie  first  tenant  in  tail 
of  the  said  manors,  lands,  and  hereditaments,  and  also  of  the  said  mort- 
gaged estates  and  premises,  under  and  by  virtue  of  the  limitations  con- 
tained in  the  said  will  of  the  said  T.  B.  and  the  said  J.  B.  being  an  infant 
possession  of  the  several  estates  and  premises  was  taken  by  the  said 
trustees  named  in  the  will  of  the  said  T.  B.  on  his  behalf,  an  i  a  receiver 
hath  been  since  appointed  thereof,  under  an  order  made  in  a  cause  insti 
tuted,  for  that,  amongst  other  purposes,  by  the  said  J.  B.  the  infant,  h\ 
his  next  friend. 

That  the  whole  of  the  said  manors,  &c.  together  with  the  said  nuirt- 
gaged  premises,  were  let  or  demised  by  the  said  J.  B.  now  deceased. 
under  parol  or  verbal  agreement,  in  different  parts  or  parcels,  aiiil  al  and 
under  different  yearly  rents  to  Plaintiffs  as  tenants  thereof  respectively, 
from  year  to  year,  and  the  several  rents  reserved  and  made  payable  by 
Plaintiffs  for  the  said  lands  and  hereditaments  in  their  respective  occu]>a- 
tions,  were  paid  and  payable  half-yearly  at  Lady-d;<y  and  r.llchaclmas  dtry 


308  BILLS    Of    INTERI'LEADErw 

in  each  year,  but  no  regular  leases  or  demises  in  wriliiig,  were  made  w 
executed  b\'  the  said  J.  B.  of  any  part  of  the  said  estates  and  premises. 

That  the  said  G.  earl  of  M.  and  J.  IM.  the  trustees  under  the  will  of 
the  said  Testator  T.  B.  claim  to  be  entitled  on  behalf  of  the  said  J.  B. 
the  infant,  or  the  said  J.  B.  the  infant  in  his  own  right  claims  to  be  en- 
titled to  the  half-year's  rent  for  the  said  manors,  &c.  and  also  the  said 
mortgaged  premises  accruing  due  from  the  last  rent-day  of  payment  pre- 
ceding the  death  of  the  said  J.  B.  and  which  became  due  and  payable  at 
Lady-day  next,  following  the  decease  of  the  said  J.  B.  And  on  the 
other  hand,  the  said  W.  L.  and  T.  G.  as  the  trustees  under  the  said  in- 
dentures of  lease  and  release,  bearing  date,  Sec.  and  the  said  G.  D.  as  the 
only  acting  executor  and  personal  representative  of  the  said  J.  B.  deceased, 
insist  that  as  the  said  J.  B.  the  tenant  for  life  of  the  said  manors,  &c.  did 
not  in  his  life-time  execute  the  power  given  to  liim  by  the  will  of  the  said 
T.  B.  as  aforesaid,  by  making  or  executing  regular  leases  and  demises 
of  the  said  estates  and  premises,  but  continued  to  the  time  of  his  death 
to  let  the  said  manors,  &c.  and  also  the  said  mortgaged  premises 
to  Plaintiffs  respectively,  by  parol  agreement,  only  Plaintiffs  were  mere- 
ly tenants  at  will,  or  from  year  to  year,  and  that  their  right  to  con- 
tinue in  possession  of  the  estates  and  premises  in  their  respective  occu- 
pations, ceased  or  determined,  upon  the  death  of  the  said  J.  B.  and  that 
therefore  the  growing  or  current  half-year's  rent,  at  the  time  of  his  the 
said  J.  B.'s  death,  did  not  wholly  belong  to  tlie  said  trustees,  on  behalf 
of  the  said  J.  B,  the  inlant,  or  to  the  said  J.  I?,  the  infant  as  the  next 
remainder-man,  entitled  to  the  possession  of  the  said  estates  and  pre- 
mises under  the  said  will,  but  that  the  current  half-year's  rent  which  was 
growing  or  accruing  due  in  the  life-time  of  the  said  J.  B.  from  and  after 
the  last  rent  day  preceding  his  death,  ought  to  be  apportioned,  and  that 
so  much  thereof  as  accrued  due  in  his  life-time  ought  to  be  considered  as 
part  of  the  personal  estate  of  the  said  J.  B.  and  as  belonging  to  them,  the 
last-named  parties,  or  some,  or  one  of  them,  and  tliat  so  much  thereof  as 
accrued  due  only  after  the  said  J.  B.'s  death,  belonging  to  the  said  J.  B. 
the  infant,  as  such  remainder-man. 

That  the  amount  of  the  said  half-yearly  rent  which  i)ccanic  due  at 
Lady-day  next  following  the  death  of  the  said  J.  B.  as  aforesaid  was  due 
from  Plaintiffs  in  the  following  particulars,  that  is  to  say,  the  sum  of 
£  from  the  Plaintiff  J.  B.  the  sum  of  £  from  the  Plaintiff 

J.  S.,  &c.  &c.  (setting  each  out.)  And  the  Plaintiffs  being  desirous  of 
paying  their  said  rents  to  such  of  the  said  parties  as  should  be  justly  en- 
titled to  receive  the  same,  were  in  hopes  that  they  should  not  have  been 
harrassed  with  any  legal  proceedings,  in  order  to  compel  the  payment 
of  such  rents,  and  that  the  said  jjarties  would  have  settled  their  disputes 
among  themselves,  as  injustice  and  equity,  they  ought  to  have  done. 


BILLS    OF    INTERPLEADER.  309 

Charge,  tliat  the  said  W.  L.  and  T.  G.  the  trustees  under  the  said 
indentures  of  lease  and  release,  bearing  date,  &c.  have  lately  commenced 
actions  at  law  against  the  Plaintiffs  T.  K.,  &c.  the  tenants  of  the  said 
mortgaged  premises,  and  they  threaten  and  intend  to  bring  actions  against 
the  rest  of  the  Plaintiffs,  as  tenants  of  all  the  other  estates  and  premises, 
in  order  to  compel  the  payment  of  the  rents  so  accrued  due  as  aforesaid. 
And  the  said  G.  earl  of  M.  and  J.  M.  the  trustees  named  in  the  said  will 
of  the  said  T.  C.  and  the  said  J.  B.  the  infant,  threaten  to  bring  actions 
at  law  against  all  the  PlaintiBs  in  the  name  of  the  said  J.  B.  the  infant, 
in  order  to  compel  the  Plaintiffs  to  pay  the  said  rents  to  them.  And  the 
said  G.  D.  also  claims  the  said  rents,  as  the  executor  and  personal  repre- 
sentative of  the  said  J.  B.  deceased.  And  Plaintiffs,  by  reason  of  the  said 
opposite  claims,  are  unable  to  ascertain  with  certainty  to  which  of  the 
said  parties  the  said  rents  do  justly  and  of  right  belong.  And  as  the 
Plaintiffs  are  ready  and  willing  to  pay  the  same  to  which  ever  of  the  said 
parties  the  same  shall  be  found  of  right  to  belong,  the  Plaintiffs  insist 
that  the  said  several  parties  ought  to  interplead  and  be  restrained  from 
proceeding  at  law  against  the  Plaintiffs. 

Prayer. 

That  the  said  Defendants  may  interplead  and  settle  their  rights  to  the 
rents  so  accrued  due  as  aforesaid,  under  the  direction  of  this  honor- 
able Court,  Plaintiffs  being  ready  and  willing  to  pay  the  said  rents 
to  either  of  the  said  parties  to  whom  the  same  shall  appear  of  right 
to  belong.  And  Plaintiffs  hereby  offering  to  bring  the  same  into 
this  honorable  Court,  for  the  benefit  of  such  of  the  said  parties  as 
shall  appear  entitled  thereto.  And  that  the  said  W.  L.  and  T.  G. 
may  be  restrained  by  the  injunction  of  this  honorable  Court  from 
prosecuting  their  said  actions  so  commenced  as  aforesaid,  and  that 
they  and  the  said  G.  D.  and  J.  B.  the  infant,  may  be  restrained  from 
commencing  any  other  actions  or  proceedings  at  law  against  any  of 
the  Plaintiffs,  in  order  to  compel  the  payment  of  the  aforesaid  rents 
or  any  part  thereof.     And  further  relief. 


;io 


SECT.  XX. CERTIORARI  BILLS. 


A  BILL  praying  the  writ  of  certiorari,  to  remove  a 
cause  from  an  inferior  court  of  equity,  is  founded  upon  sug- 
gestion, that  the  cause  is  out  of  the  jurisdiction  of  such 
court ;  or  that  the  witnesses,  or  the  Defendants  live  out  of  its 
jurisdiction,  or  upon  some  good  reasons  given,  why  equal 
justice  may  not  be  had  in  such  court ;  so  that  a  certiorari 
bill  has  something  of  the  nature  of  an  injunction  bill,  as  to 
the  jurisdiction  of  inferior  courts.     (Pract.  Reg.  82.J 

This  species  of  bill,  having  no  other  object  than  to  remove 
a  cause  from  an  inferior  court  of  equity,  merely  states  the 
proceedings  in  the  inferior  court,  shews  the  incompetency 
of  that  court,  and  prays  the  writ  of  certiorari.  It  does 
not  pray  that  the  Defendant  may  answer  or  even  appear, 
and  consequently  it  prays  no  writ  of  Subjjwna.   (Mil.  49.J 

Upon  or  before  the  receipt  of  the  writ,  the  Plaintiff  must 
enter  into  a  bond,  with  condition,  that  the  bill  exhibited 
contains  matter  sufficient  to  bear  a  certiorari,  and  that  the 
Plaintiff  will  prove  the  suggestion  of  the  bill  in  fourteen 
days  after  the  return  of  the  writ. 

The  certiorari  bond  is  to  be  entered  into  by  the  Plaintiff, 
and  one  surety  in  the  penalty  of  £100  to  the  Master  of  the 
Rolls  and  the  senior  Master  in  Chancery. 

A  special  writ  of  certiorari  is  frequently  prayed  for  in  a 
bill  filed  by  a  Defendant,  to  remove  a  cause  into  the  Court 
of  Chancery,  upon  a  suggestion,  either  that  the  cause  is  out 
of  the  jurisdiction  of  the  inferior  court,  or  that  the  De- 


CERTIORARI  BILLS.  311 

fendants  or  the  witnesses,  live  out  of  its  jurisdiction,  and  are 
not  able,  owing  to  age  or  infirmities,  or  the  distance  at  which 
they  live,  to  attend  such  inferior  court,  or  cannot  be  com- 
pelled by  the.  process  of  such  court  to  be  examined  there, 
and  that  for  these  or  other  reasons,  assigned  in  the  bill,  equal 
justice  is  not  likely  to  be  obtained  in  such  court. 

When  interrogatories  to  prove  the  suggestions  of  the 
certiorari  bill  are  necessary,  they  must  be  filed  with  the 
examiner,  and  witnesses  examined  by  the  Plaintiff,  and  by 
him  only,  for  the  Defendant  is  not  permitted  to  examine 
or  to  publish  any  thing  to  disprove  their  testimony.  An 
order  must  be  procured  by  motion  or  petition  to  refer  such 
examination  to  a  master,  and  for  the  examiner  to  attend 
with  the  depositions. 


312  CERTIORARI    BILLS. 

Bill  to  retnove  a  Cause  from  the  Lord  Mayor^s  Court  into 
the  High  Court  of  Chancery. 
Humbly  complaining,  sheweth,  «&c.  your  Orator  A.  B.  &:c.  tkat  whereas, 
&c.  (setting  forth  the  cause  prosecuted  in  the  Lord  Mayorh  Court  :^ 
All  whick  said  premises  your  Orator  hopes  he  shall  make  fully  appear 
by  several  witnesses,  if  need  be,  which  he  could  not  produce  within  the 
said  city  of  L.  before  the  said  lord  mayor  and  his  brethren  the  aldermen 
of  the  city  of  L.  :  your  Orator  shewing  unto  your  Lordship  that  one 
E.  F.  a  material  witness  for  your  said  Orator,  concerning  the  said  pre- 
mises at  the  time  of  the  cause,  <i:c.  then  lived  and  resided,  and  still 
liveth  and  resideth  at  W.  without  the  jurisdiction  of  the  said  lord  mayor 
and  his  brethren  the  aldermen  of  the  city  of  L.  whereby  your  Orator  had 
no  remedy  to  compel  the  said  E.  F.  to  be  examined,  or  to  give  his  testi- 
mony in  the  said  cause  in  the  city  of  L.  concerning  the  premises ;  in 
tender  consideration  whereof,  and  forasmuch  as  for  want  of  jurisdiction 
in  the  said  lord  mayor  and  his  brethren  the  aldermen  of  the  said  city  of 
L.  over  your  Orator's  witnesses,  your  Orator  is  remediless  there  ;  and 
it  being  agreeable  with  the  rules  and  practice  of  this  honorable  Court, 
upon  such  necessities  and  defects  of  jurisdiction  in  inferior  courts,  for 
this  high  and  honorable  Court  to  remove  the  records  and  proceedings 
thereof  into  this  honorable  Court  and  to  proceed  in  this  Court  upon  the 
same,  and  all  other  matters  and  things  incident  thereto,  or  whereupon 
^our  Orator  seeks  relief. 

Prayer. 

May  it  please  your  Lordship,  therefore,  not  only  to  grant  unto 
your  Orator  a  writ  of  certiorari  to  be  directed  to  the  sfiid  lord 
mayor  of  the  city  of  L.  and  his  brethren  the  aldermen  of  the  said 
city,  thereby  commanding  them,  upon  the  receii)t  of  the  said  writ, 
to  certify  and  remove  the  records  of  the  said  cause,  &c.  and  all 
proceedings  thereupon  into  this  honorable  Court ;  but  also  to  grant 
unto  your  Orator  his  Majesty's  most  gracious  writ  of  subpoena  to  be 
directed  to  the  said  C.  D.  &c.  thereby  commanding  them  and  every 
of  theiTi,  at  a  certain  day,  and  under  a  certain  pain  therein  to  be 
limited,  personally  to  be  and  appear  before  your  Lordship  in  the 
high  and  honorable  Court  of  Chancery,  then  and  there  upon  their  cor- 
[wral  oaths  fully  and  directly  to  answer  all  and  singular  the  premises, 
and  to  set  forth  and  discover  whether,  &c.  and  whether  it  was  not 
declared  and  agreed,  &c.  and  whether  the  said  C.  D.,  Sec.  be  not 
indebted  unto  your  said  Orator,  and  in  what  sum,  and  that  your  said 
Orator  may  Ik.-  righted  and  relieved  in  all  and  singular  the  premises, 
according  to  equiiy  and  good  conscience.  And  that  the  said  Defen- 
dants may  stand  to,  observe,  and  perform  such  order  and  decreq 
therein  as  your  Ix)rdship  in  your  great  wisdom  shall  think  just  and 
meet. 


313 
CHAPTER  IV. 

ORIGINAL  BILLS  NOT  PRAYING  RELIEF. 


SECT.    I. 

BILLS  TO  PERPETUATE  THE  TESTIMONY  OF  WITNESSES, 

OR, 

In  perpeiuam  rei  memoiiam. 

A  BILL  to  perpetimte  the  testimony  of  witnesses  must 
state  the  matter,  touching  which  the  Plaintiff  is  desirous 
of  giving  evidence,  and  must  shew  that  he  has  some  interest 
in  the  subject,  and  pray  leave  to  examine  witnesses  touching 
the  matter  so  stated,  to  the  end  that  their  testimony  may  be 
preserved  and  perpetuated. 

The  bill  ought  also  to  shew,  that  the  facts  to  which  the 
testimony  of  the  witnesses  proposed  to  be  examined  is  con- 
ceived to  relate,  cannot  be  immediately  investigated  in  a 
court  of  law,  as  in  the  case  of  a  person  in  possession,  without 
disturbance ;  or  that  before  the  facts  can  be  investigated  in 
a  court  of  law,  the  evidence  of  a  material  witness  is  likely 
to  be  lost,  by  his  death,  or  departure  from  the  realm.  To 
avoid  objection  to  a  bill  framed  on  the  latter  ground,  it  seems 
proper  to  annex  to  it  an  affidavit  of  the  circumstances  by 
which  the  evidence  intended  to  be  perpetuated  is  in  dan^rer 
of  being  lost. — Mitf,  50. 

If,  in  a  bill  to  perpetuate  testimony  respecting  a  right  of 
common  and  way,  the  charges  in  the  bill  are  too  general, 

41 


314 

and  not  sutficiently  descriptive  ot  aiiv  particular  right,  u 
demurrer  will  hold,  for  the  bill  ruust  set  out  the  way  ex- 
actly per  d  trans,  in  the  same  manner  as  it  ought  to  be  set 
out  in  a  declaration  at  law. 

With  respect  to  the  statement  in  the  bill,  of  the  matter 
touching  which  the  Plaintiff  is  desirous  of  acquiring  evi- 
dence, Lord  E.  has  observed  that  great  danger  may  arise 
out  of  such  bills,  and  that  the  facts,  whicJi  the  Plaintiff 
wishes  to  be  examined  to,  should  be  particularly  stated. 

As  to  shewing  the  interest  of  the  Defendant  to  contest  the 
title  of  the  Plaintiff  on  the  subject,  it  has  been  determined, 
that  to  a  bill  brought  to  perpetuate  testimony  as  to  the  le- 
gitimacy of  the  Plaintiffs,  who  were  infants,  and  entitled  to 
a  remainder  in  tail,  after  an  estate  for  life,  against  others  in 
remainder,  a  demurrer,  by  those  who  were  the  seventh  and 
eighth  in  remainder,  on  tlie  ground  that  their  interests  were 
too  remote  to  justify  their  being  made  Defendants,  was 
over-ruled. — Mad.    Cha. 


BILLS    TO    PERPETUATE,  kc  315 

Bill  to  Examine  Plaintiff^s  Witnesses,  to  perpetuate  their 
Testimuny  as  to  Boundaries  of  Plaintiff  ^s  Estate. 

That  Plaintiff  now  is,  and  for  some  years  hath  been,  seised  in  fee- 
simple  ,  or  of  some  other  good  estate  of  inheritance  of  and  in  the  manor 
of  R,  with  its  rit'hts,  members,  royalties,  commons,  wastes,  and  other 
appurtenances,  tlierennto  belonging,  situate  in,  &c.  and  of  that  tenement 
or  moor,  with  all  and  singular  its  members  and  appurtenances  whatsoever, 
heretofore  used,  occupied,  or  enjoyed,  as  parcel  or  member  thereof,  with 
all  ways,  wastes,  and  advantages  to  the  same  belonging,  commonly  called 
or  known  by  the  name  of  II.  M.  and  which  is  parcel,  or  reputed  to  be 
parcel  of  the  manor  of  R.  and  within  the  said  parish  of  G.  in  the  said 
county  of  ,  and  which  said  manor  and  estates  have  been  held  and  en- 
joyed by  Plaintiff  and  his  ancestors,  or  their  tenants  or  under  tenants,  for  a 
great  number  of  years,  and  which  said  tenement,  called  J.  C.  M.  and  some 
other  part  of  the  manor  of  R.  was  formerly  in  the  possession  of  ,  and 
lately  of  ,  who  severally  and  successively  held  the  same  as  under- 

tenants to  J.  W.  who  was,  and  now  is  entitled  thereto,  under  and  by  vir- 
tue of  a  lease  from  one  of  Plaintiff's  ancestors,  for  a  long  term  of  years,  or 
some  other  estate  or  interest,  which  is  now  subsisting. 

That  sir  F.  B.  hart,  one  of  the  Defendants  hereinafter  named,  is  seised 
or  entitled,  in  fee-simple,  or  for  some  other  estate  in  possession  of,  or 
to  a  tenement  and  lands,  called  or  known  by  the  name  of  P.  the  whole 
whereof  lieth  within  the  parish  of  C.  within  said  county  of  ,  and  ad- 

joins to  Plaintiff's  tenement,  called  H.  M. 

That  part  of  the  boundary  between  Plaintiff's  said  tenement  or 
moor,  called  H.  M.  and  sir  F.  B.'s  said  tenement  called  P.  hath  been 
from  time  to  time,  whereof  the  memory  of  man  is  not  to  the  contrary, 
and  now  is,  as  follows  ;  that  is  to  say  (state  the  boundaries.)  Plaintiff 
hoped  that  on  the  determination  of  the  present  subsisting  lease  of  the 
said  tenement  or  moor  called  H.  M.  under  which  said  J.  W.  is  now  en- 
titled to,  and  holds  possession  of  such  tenement  or  moor,  the  custom 
thereof,  according  to  such  ancient  boundary,  would  have  been  de- 
livered up  to  Plaintiff,  so  that  Plaintiff,  his  heirs  and  assigns,  might  at  all 
times  have  enjoyed  the  same  from  thenceforth,  according  to  such  ancient 
boundary.  Put  now,  &c.  the  Defendants,  sir  F.  B.  and  T.  T.  the 
tenant  of  said  tenement  called  P.  Defendants,  combining,  &c.  Pre- 
tend, that  Plaintiff  hath  not,  and  that  neither  he  nor  any  of  his  ancestors 
ever  had  any  estate,  right  or  interest,  in  or  to  the  said  manor  of  R.  or  said 
tenement  called  II.  M.  or  any  part  thereof;  at  other  times  admitting 
the  contrary,  Pretend,  that  the  true,  real  and  immemorial  boundary  be- 
tween Plaintiff's  manor  of  R.  and  his  tenement  called  H.  M.  and  Defeiv 


316  BILLS    TO    PERPETUATE 

dants'  said  tenement  called  P.  is  not  such  as  hereinbefore  set  forth,  but 
is  as  follows,  viz.  Sec.  Charge,  tliat  Plaintiff  and  his  ancestors  have,  for 
a  long  series  ofyears,  held  and  enjoyed  the  said  manor  of  R.  and  the  lands, 
hereditaments  and  appurtenances  thereto,  and  particularly  said  tene- 
ment called  H.  M.  and  that  the  whole  thereof  is  lying  within  the  parish 
of  G.  and  tliat  the  true,  real,  and  immemorial  boundary  between  same 
and  said  estate  or  tenement  called  P,  was,  and  is  such  as  is  hereinbefore 
particularly  described,  and  no  other ;  and  it  is,  and  immemorially  hath 
been  constantly  so  reputed  in  the  neighbourhood,  and  that  no  part  of  the 
land  lying  on  the  south-west  side  of  the  bed  of  the  ancient  river  and  fence 
aforesaid,  belongs  to  the  said  sir  F.  B.  or  his  said  tenement  of  P.  and  that 
the  whole  of  said  tenement  of  P.  lieth  within  said  parish  of  C.  and  so  it 
is  mentioned  in  several  deeds,  and  writings  relating  thereto,  in  the  custody 
or  power  of  said  sir  F.  B.  and  said  sir  F.  B.  hath  no  right  or  interest  in 
any  lands  belonging  to  said  tenement  called,  P.  within  said  parish  of  G.  but 
the  true  and  real  boundary  between  said  two  tenements  having  been,  for 
several  years  last  past,  neglected  to  be  discriminated,  by  reason  that  all 
or  raostof  the  particulars  of  both  such  tenements  have  been,  for  a  longtime, 
held  and  occupied  by  the  same  under-tenants,  the  said  sir  F.  B.  and  T.  T. 
taking  advantage  of  such  circumstance,  now  deny  that  the  real  boundary 
between  said  tenements  is  as  hereinbefore  mentioned  by  Plaintifi',  and 
insist  that  such  boundary  is  as  hereinbefore  set  forth,  to  be  pretended  by 
them  and  consequently  a  great  quantity  of  land  which  is  really  part  of 
Plaintiff's  said  manor  of  R.  and  of  said  tenement  called  FI.  I\i.  is  part 
of  said  tenement  called  P.  and  that  on  the  expiration  or  determination 
of  said  lease  now  subsisting,  of  or  on  the  tenement  called  II.  IM.  pos- 
session thereof  shall  be  delivered  unto  Plaintifl"  duly,  according  to  the 
boundary  so  pretended  by  them  the  said  Defendants.  And  said  sir 
F.  B.  and  T.  T.  his  tenant,  in  collusion  v>  ilh  J.  W.  Plaintin''s  immediate 
tenant  of  said  tenement,  called  II.  M.  and  the  under-tenant  of  said 
J.  W.  decline  to  do  any  acts  or  act  to  bring  the  question,  as  to  the  real 
boundary  between  said  tenement,  for  a  legal  determination,  well  knowing 
that  many  persons  who  are  now  living,  and  much  advanced  in  years, 
can  prove  that  the  boundary  is  really  such  as  is  hereinbefore  mentioned, 
and  hoping  that  such  persons  may  die  before  the  expiration  of  said  lease 
of  said  tenement,  called  II.  M.  whereby  Plaintiff  would  be  deprived  o/ 
the  benefit  of  their  testimony.     All  which,  &:c. 

Prayer. 

That  PlaintitFmay  be  at  liberty  to  examine  his  witnesses  to  the  seve- 
ral matters  and  things  hereinbefore  mentioned,  and  particularly  re- 
specting the  boundary  between  said  tenement  called  II.  M.  and 


THE    TESTIMONY    OF    WITNESSES.  317 

said  tenement  called  P.     And  that  Plaintiff  may  be  at  liberty,  on 

all  future  occasions,  to  read  and  make  use  of  the  same,  as  he  shall 

be  advised.     JMay  it  please,  &c. 

W.  A. 


Bill  to  perpetuate  the  Testim.onij  of  Witnesses  to  a  Will. 

Humbly  complaining,  shewcth  unto  your  Lordship,  your  Orator  T.  If. 
of,  &ZC.  brother  of  the  half  blood  and  devisee  named  in  the  last  v.  ill  and 
testament  of  T.  R.  of,  &c,  deceased,  that  the  said  T.  R.  was  in  his 
life-time  and  at  the  time  of  his  death,  seised  or  entitled  to  him  and  his 
heirs,  of  or  to  divers  freehold   and  copyhold  manors,  messuages,  farms, 
lands,  tenements,  and  hereditaments,  situate  in  the  several  places  here- 
inafter mentioned,  and  divers  other  places  of  considerable  yearly  value 
in  the  whole,  and  being  seised  or  entitled,  and  having  duly  surrendefed 
the  copyhold  premises  thereof  to    the  use  of    his   will,   and   bein^  of 
sound  and  disposing  mind,  memory,  and  understanding,  he  made  his 
last  will  and  testament  in  writing,  bearing  date,  &c.   which  was  duly 
executed  by  him  in  the  presence  of  three  credible  persons,  who  attested 
and  subscribed  the  same  as  witnesses  thereto  in  his  presence,  and  which 
will  with  the  attestation  tliereof,  as  in  the  words  following,  (that  is  to 
say,)  (Sic,     And  your,  &c.   that  the  said  T.   R.  afterwards  and  on  or 
about.  Sec.  departed  this  life,  without  revoking  or  altering  his  said  will, 
or  any  part  thereof,  wliereupon  your  Orator,  by  virtue  of  the  said  will, 
became  entitled  in  fee-simple  to  all  his  freehold  and  copyhold  estates, 
subject  as  to  such  part  thereof  as  aforesaid  to  so  much  of  the  funeral 
expenses,  debts  and  legacies  of  the  said  T.  R.,  as  his  personal  estate 
may  fall  short  to  pay.      And  your  Orator  accordingly  soon  after  the 
death  of  the  said  T.  R.,  entered  upon  and  took  possession  of  all  the  said 
estates,  and  is  now  in  possession  and  receipt  of  the  rents  and  profits 
thereof,  and  in  the  possession  and  enjoyment  thereof.     And  your  Orator 
well  hoped,  that  he  and  his  heirs  and  assigns  would  have  been  permitted 
to  enjoy  the  same  quietly,  without  any  interruption   from  any  person 
whomsoever.     But  now,  &c.  T.  11.  of,  &c.   who  claims  to  be  cousin, 
and  heir  at  law  of  the  said  T.  R.  alleging  that  he  is  the  only  or  eldest 
son  of  T.  H.  and  M.  his  wife,  both  deceased,  which   said  T.   H.  as  is 
alleged,    was  the  only  child  of   T.  T.,  who,    as    is  likewise    alleged, 
was  the  only  brother  of  the  father  of  the  said  T.  R.  that  left  any  issue. 
And  he  pretends,  that  the  said  T.  R.  did  not  make  such  last  will  and 
testament  in  writing  as  aforesaid,  or  that  he  was  not  of  sound  and  dis- 
posing mind  and  memory  at  the  making  thereof,  or  that  the  same  was 
not  executed  in  such  manner  as  by  law  is  required  for    devising    real 
estates  ;  and  therefore  he  iu'ists  that  yoiir  Orator  hath  not  any  right  or 


318  BILLS    TO    PERPETUAIL 

title  to  the  real  estates  late  of  the  said  T.  11,,  or  any  part  thereof,  but 
on  his  death  the  same  descended  unto  him  tlie  said  T.  H.  as  his  heir  at 
law.  Which  your  Orator  charges  the  contrary  of  such  pretences  to  be 
true.  But  nevertheless  the  said  T.  H.  gives  out,  that  he  will  hereafter 
dispute  the  validity  of  the  said  will,  when  all  the  subscribing  witnesses 
are  dead,  whereby  your  Orator,  or  his  heirs  and  assigns,  may  be  deprived 
of  the  benefit  of  their  testimony.  All  which,  &c.  In  tender  considera- 
tion whereof,  and  forasmuch  as  your  Orator  cannot  perpetuate  the 
testimony  of  the  subscribing  witnesses  to  the  said  will  without  the  as- 
sistance of  a  court  of  equity  before  your  Lordship.  To  the  end,  &c. 

r  layer. 

That  your  Orator  may  be  at  liberty  to  examine  his  witnesses  with 
respect  to  the  execution  and  attestation  of  the  said  will,  and  sanity 
of  mind  of  the  said  T.  R.  at  the  making  of  the  same,  so  that  their 
testimony  may  be  perpetuated  and  preserved.     May  it  please,  &c. 

W.  A. 

Tray  Subpoena  against  T.  IL 

Observations. — Bills  to  perpetuate  the  testimony  of  witnesses  are  only 
proper  where  the  Plaintiff,  by  being  in  possession  and  undisturbed,  has 
no  opportunity  of  asserting  or  trying  his  right  at  law.  But  where  the 
Defendant  is  in  possession,  or  has  disturbed  Plaintiff,  they  are  not  pro- 
per, because  Plaintiff  may  have  a  remedy  at  law. 

N.  B,    In  the  words  of  course  omit  the  word  ''  decree," 


Bill  to  perpetuate  Testimony  of  Witnesses  as  to  a  Mar- 
riage, 

Humbly  complaining,  &-c.  your  Orator  C,  B,  of,  dire,  an  infant  under 
the  age  of  twenty-one  years,  that  is  to  say,  of  the  age  of  years  or 

thereabouts,  by  his  next  friend,  that  A.  B.  C,  late  of,  &c,  but  now  de- 
ceased, was,  at  the  time  of  making  his  m  ill  hereinafter  mentioned,  and 
of  his  death,  seised  of,  or  well  entitled  to  in  fee-sin)ple.  considerable 
real  estates  in  the  several  counties  of,  &:c.  and  did,  on  or  about,  &c. 
duly  make  and  publish  his  last  will  and  testament  in  writing,  which  was 
executed  and  attested  as  by  law  is  required  for  the  passing  of  real 
estates,  and  did  thereby,  amongst  other  things,  give  and  devise,  &c. 
And  your,  iSjc,  that  the  said  A.  B.  C.  departed  this  life  on  or  about, 
&c.  without  having  altered  or  revoked  his  said  will,  leaving  the  said 
W.  J.  S.,  E,  B.  S.,  and  A.  B,  him  surviving;  that  upon  his  death  the 
said  W,  J,  S,  entered  into  and  upon  the  possession  of  the  said  estates  ia 


THE  TESTIMONY  OF  WITNESSES.  319 

the  said  counties,  Src.  so  devised,  and  by  virtue  of  tlie  said  will  became 
possessed  of  the  said  estates  for  the  term  of  years,  determinable  by 

his  death  And  the  said  W.  J.  S.  afterwards  departed  this  life  on  or 
uhout.  &c.  without  issue  male,  whereupon  the  said  E.  13.  S.  entered 
hito  and  upon  the  possession  of  the  said  several  estates  so  devised,  and 
by  virtue  of  the  said  will  became  possessed  thereof,  for  the  like  term  of 
years,  determinable  by  his  death.  And  the  said  E.  B.  S.  also  de- 
parted this  life  without  issue  male,  in  or  about,  &c.  and  thereupon  A.  B. 
who  was  next  in  remainder  to  the  said  estates  under  the  said  will,  entered 
into  and  upon  the  same,  and  became  possessed  thereof  for  the  like  term 
of  years,  determinable  upon  his  death,  and  hath  ever  since  been, 

and  now  is,  in  such  possession.  And  your,  &c.  that  the  said  A.  B.  in- 
termarried, on  or  about,  &^c.  with  X.  Y.  his  first  wife,  who  departed 
this  life  on  or  about,  &c.  leaving  no  other  issue  than  daughters. 

And  that  the  said  A.  B.  on  or  about,  &c.  intermarried  in  the  parish 
church  of,  &c.  with  M.  G.  of,  &:c.  his  present  wife,  and  that  your  Ora- 
tor, who  was  born  on,  &c.  is  the  only  issue  of  that  marriage,  and  under 
and  by  virtue  of  the  said  will  of  the  said  A.  B.  C.  now  is,  and  stands 
seised  to  him  and  the  heirs  of  his  body,  of  the  reversion  or  remainder  of 
the  said  several  estates  expectant  on  the  determination  of  the  said  term 
of  years,  now  vested  as  aforesaid  in  the  said  A.  B.     And  your, 

&c.  that  I.  R.  Y.  of,  &c.  was  the  eldest  son  of  Z.  Y.  in  the  said  will 
named,  and  that  the  said  I.  R.  Y.  departed  this  life  on  or  about,  &5C. 
leaving  R.  M.  Y.,  one  of  the  Defendants  hereinafter  named,  his  eldest 
son,  and  A.  Y.  and  B.  Y.,  also  Defendants  hereinafter  named,  his  other 
sons,  him  surviving.  And  your  Orator  well  hoped,  that  his  title  as  tenant 
in  tail  in  remainder  of  the  said  several  estates,  expectant  on  the  determi- 
nation of  the  said  term  of  years,  now  vested  in  his  father,  the  said 
A.  B.  would  in  no  manner  have  been  disputed,  but  now  so  it  is,  &c. 
the  said  Defendants  insist  and  pretend,  that  the  said  A.  B.  and  M.  G. 
were  not  legally  married  at  the  time  of  the  birth  of  your  Orator,  or  that 
your  Orator  was  not  the  issue  of  such  marriage,  and  that  therefore  your 
Orator  has  no  such  title  as  tenant  in  tail  as  aforesaid ;  whereas  your 
Orator  charges  the  contrary  thereof  to  be  the  truth,  and  that  although 
the  said  A.  B.  did,  from  motives  of  respect  to  the  memory  of  his  late 
wjfe,  for  some  time  conceal  his  marriage  with  the  said  M.  B  ,  yet  that 
the  said  A.  B.  and  M.  B.,  then  M.  G.,  spinster,  were  duly  married  by 
licence  on,  &c.  at  the  parish  church  of,  &c.  aforesaid,  by  the  rev.  R.  F. 
of,  &c.  who  was  a  particular  friend  of  the  said  A.  B.  and  M.  G. ;  and 
such  marriage  ceremony  was  performed  agreeably  to  the  rites  and  cere- 
monies of  the  church  of  England,  and  in  the  presence  of  C.  D.,  the  curate 
of  the  said  parish,  and  of  C.  F.  the  clerk  thereof,  and  of  F.  G.,  the  sis- 
ter of  the  said  M.  G.     And  yotu"  Orator  further  ( barges,  that  your  Ora- 


320  BILLS   TO  PERPETUATE,    &C. 

tor  was  born  on  the,  &:c.  in  the  parish  of,  Sec.  at  a  house  in  which  your 
Orator's  said  father  and  mother  had  for  some  lime  resided,  and  in  the 
presence  of  Dr.  G.,  a  physician  of  great  eminence,  and  of  P.  W.  who 
attended  your  Orator  as  nurse,  and  of  F.  the  wife  of,  &c.  a  repectable 
pubHcan  in  the  said  parish,  who  happened  then  to  be  in  the  house,  and 
of  the  said  F.  G.,  the  sister  of  your  Orator's  mother,  who  had  lived  with 
her  during  her  pregnancy,  was  also  in  the  house  at  the  birth  of  your 
Orator,  in  an  adjoining  room.  And  your  Orator  was  privately  baptized 
on,  &c.  by  the  said  R.  F.,  and  was  afterwards  publicly  baptized  at  the 
parish  church  of,  &c.  and  the  register  of  your  Orator's  birth  was  made 
at  the  chapel  in  street,  on  the,  Src.  in  the  registry  kept  therein  for 

the  use  of  protestant  dissenters.  But  nevertheless  the  said  R.  M.  Y. 
and  B.  Y.,  although  they  well  know  the  several  facts  aforesaid,  yet  mean 
and  intend  to  dispute  the  validity  of  your  Orator's  said  title  to  the  said 
estates  after  the  death  of  the  said  A.  B.,  when  the  several  witnesses  ne- 
cessary to  establish  the  same  are  dead,  many  of  whom  are  now  infirm 
and  much  advanced  in  years.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises.  And  that 
your  Orator  may  be  at  liberty  to  examine  his  witnesses  to  the  seve- 
ral matters  and  things  hereinbefore  mentioned,  and  particularly  with 
respect  to  the  intermarriage  of  the  said  A.  B.  and  1\I.  B.,  the  father 
and  mother  of  your  Orator,  and  to  the  birth  of  your  Orator  after 
such  intermarriage,  so  that  the  testimony  of  the  said  witnesses  may- 
be preserved  and  perpetuated.  And  that  your  Orator  may  be  at 
liberty  at  all  future  occasions  to  read  and  make  use  of  the  same,  as 
he  shall  be  advised.     May  it  please,  &rc. 

.T.  L 

Pray  Subpoena  against  R.  M.  Y., 
A.  Y.  and  B.  Y. 


321 


SECT.  II. niLLS  OF  DISCOVERY. 


EVERY  bill  is  in  reality  a  bill  of  discovery,  but  the 
species  of  bill  usuajiy  distinguished  by  that  title  is  a  bill 
for  discovery  of  facts  resting  in  the  knowledge  of  the  De- 
fendant, or  of  deeds,  or  writings,  or  other  things  in  his  cus- 
tody or  power,  and  seeking  no  relief  in  consequence  of  the 
discovery.  This  bill  is  commonly  used  in  aid  of  the  Juris- 
diction of  some  other  court ;  as  to  enable  the  Plaintiff  to 
prosecute  or  defend  an  action  at  law,  a  proceeding  before 
the  king  in  council,  or  any  other  legal  proceeding  of  a  na- 
ture merely  civil,  before  a  jurisdiction  which  cannot  com- 
pel a  discovery  on  oath,  except  that  the  court  has  in  some 
instances  refused  to  give  this  aid  to  the  jurisdiction  of  in- 
ferior courts.  A  bill  of  this  nature  must  state  the  matter 
touching  which  a  discovery  is  sought,  the  interest  of  the 
Plaintiff  and  Defendant  in  the  subject,  and  the  right  of  the 
first  to  require  the  discovery  from  the  other.  If  a  bill  seek" 
ing  a  discovery  of  deeds  or  writings,  also  prays  such  relief 
as  might  be  obtained  at  law  if  the  deeds  or  writings  were 
in  the  custody  of  the  Plaintiff",  he  must  annex  to  his  bill 
an  affidavit  that  they  are  not  in  his  custody  or  power,  and 
that  he  knows  not  where  they  are,  unless  they  are  in  the 
hands  of  the  Defendant ;  but  a  bill  for  a  discovery  merely, 
or  which  only  prays  the  delivery  of  deeds  or  writings,  or 
equitable  relief  grounded  upon  tliem,  does  not  require  such 
an  affidavit.  Mit.  52.  53. 

With  respect  to  affidavits  to  accompany  bills  of  this  de- 
scription, the  rule  appears  to  be,  that  where  a  party  comes 
only  for  discovery  of  a  deed,  he  need  not  make  oath  of  the 
loss  of  it,  as  he  must  do  when  he  comes  for  relief;  for  he 

42 


J22  IJlLl.rr   01-  I'isCOVKllV. 

is  not  allowed  to  translate  the  jiiiisdictiou  without  oath 
ninJe  of  the  loss  of  the  deed,  and  this  is  the  constant  dis- 
thiction. 

It  is  a  general  rule,  ajjplieable  indeed  nut  merely  to  this 
deserijuion  of  bill,  but  to  all  kinds  of  bills,  that  no  person 
can  be  compelled  to  give  a  discovery  t!;at  may  sidyect  liin» 
JO  a  prosecution  of  felony,  or  to  tuiswcr  wliat  is  a  matter  of 
;:candal,  or  wiiat  mav  lead  to  a  le^ijal  accusation,  or  to  what 
mav  suliject  him  to  a  penalty,  and  not  merely  what  must; 
or  any  thing  in  the  nature  of  a  penalty,  or  forfeiture,  tiie 
Defendant  must  then  discover,  but  tlie  Vv  aiver  ought  to  be 
'hy  all  those  wliocan  claim  any  j)art  of  the  penalty  or  for- 
feiture, fo;  if  the  penalty  belongs  one  half  to  the  king  and 
the  other  to  a  corporation,  the  waiver  by  the  corporation, 
and  not  by  the  Attorney-Ceueral  also  is  not  sufficient.  But 
if  the  Defendant  has  covenanted  to  answer  any  bill  of  dis- 
covery, and  not  to  plead  the  acts  inflicting  pcnislties  in  such 
case  he  is  bound  to  answer.    Mad.    Chan. 


I'AIA.^   or   D1S€0\EKV, 


^)5^H 


B,ill  to  force  a  Discovery  of  Deeds. 

Humbly  complaining:,  sliew   unto  your  Lordship,  your  Oraliix  I.   1. 
.r  ,  and  B.  I.  of  .  two  of  the  dnughters  of  K.  I.,  latR 

of  ,  deceased,  that  by  some  deed  or  deeds,  will  or  wills,  duly 

made  and  executed  by  your  Orator's  ancestors,  or  some  or  one  of  them. 
■  livers  manors,  messuages,  lands,  tenements,  and  hereditaments,  ofcon- 
siderj'.ble  yearly  value  in  the  whole,  situate,  lying,  and  being  in  diver;^ 
}iarishes  and  places  wilhin  the  several  counties  of  G.,  1).,  and  JM,,  were 
limited  and  settled,  or  assured  and  agreed  to  be  limited,  settled,  arid 
asstned  to,  for,  or  upon  particular  uses,  trusts,  intents,  or  purposes,  under 
which,  or  some,  or  one  of  them,  your  Oratrixes'  ancestors,  or  seme  or 
one  of  them,  and  particularly  your  Oratrixes'  said  father  were  or  was  en- 
titled to  the  premises  as  tenant  in  tail  general  or  tail  male,  or  your  Ora- 
trixes'. said  father  was  entitled  thereto,  for  his  life,  with  remainder  to  iii;- 
first  and  other  sons  in  tail  male  and  (ail  general,  with  remainder  to  the 
daughters,  or  issue  of  the  body  of  your  Oratrixes'  said  father,  or  in  some 
other  manner,  so  that  your  Oratrixes,  and  the  other  daughters  of  the 
said  E.  1.,  had  an  estate  or  estates  in  remaiiider,  in  the  whole,  or  part 
thereof,  either  as  tenants  in  common,  or  other\vi.<e,  in  tail  or  tail  gene- 
ral, or  for  their  lite  or  lives,  upon  failure  of  their  said  late  father,  as  in 
;ind  by  the  said  deeds  or  deed,  wills  or  will,  or  oilier  writings  or 
Willing,  or  some  copies  or  extracts  thereof,  now  or  laic  in  the  custody 
or  power  of  the  Defendants  hereinafter  named,  or  some  oi-  one  ot 
them,  relation  being,  &c.  And,  8:c.  that  the  said  E.  I.,  under  and  by 
virtue  of  such  deeds  or  deed,  wills  or  will,  or  other  writings  or  writing. 
continued  seised,  or  in  possession  of  all  the  said  premises,  and  in  (iio 
receipt  of  the  rents  and  profits  thereof,  until  the  time  of  his  decease. 
And,  &c.  t^iat  the  said  E.  J.  died  on  or  about  the  .  leaving 

R.  M.  I.  an  infant,  his  only  son  and  heir  at  law,  and  your  Oratrix(\=, 
and  four  other  daughters,  (that  i-s  to  say,)  &lc.  ;  and  that,  uji/)n  tin?  de- 
cease of  the  said  E.  I.,  the  said  R.  M.  1.  became  entitled  U>  all  the  said 
manors,  messuages,  farms,  lands,  teneinents,  hereditaments,  and  pre- 
mi.<es,  as  tenant  for  lite,  or  tail  male,  or  tail  general,  by  virtue  of  or 
under  the  said  deeds  or  deed,  wills  or  will,  writings  or  writing,  ami  to 
the  possession  of  all  the  title  deeds  or  Vv';iiings  relating  thereto,  all  which 
were  in  the  custody  or  power  of  your  Oiatrixes'  said  late  father,  at  the 
time  of  his  death  ;  and  that  the  said  R.  M.  I.,  upon  attaining  the  age  of 
twenty-one  years,  entered  into  the  posse.ssion  of  all  the  said  heredita- 
ments and  real  estates,  and  continued  in  possession  tnid  receipt  of  the 
rents,  issues,  and  proiits  thereof  until  the  time  of  his  death;  and  that 
T.  W.,  of  ,  and  G,  K.,.  pf  ,  or  one  of  th^m,,  who,  were 

the  guardians  of  the  person  and.  ■♦istnte'of  the  ?aici  H.  M.J.,  dnring  his 


324  BILLS  OF  DISCOVERY. 

minority,  also  got  into  their  or  one  of  their  custody  or  power,  or  in  the 
custody  or  power  of  some  other  person  or  persons,  to  whom  they  de- 
livered the  same,  since  the  death  of  the  said  R.  M.  I.  And,  &'c.  that 
the  said  R.  M.  I.  departed  this  life,  on  or  about  llie         day  of  , 

unmarried,  without  issue,  leaving  your  Oratrixes  and  the  said  E.  T., 
jM.,  D,  a.,  and  M.  W.,  four  other  of  the  Defendants  hereinafter  men- 
tioned, his  sisters,  and  co-heirs  at  law,  him  surviving,  and,  on  his 
death,  your  Oiatrixes,  and  their  said  other  sisters,  or  some  or  one  of 
them,  became  entitled  under  the  said  deeds  or  deed,  wills  or  will,  writings 
or  writing,  unto  all  the  aforesaid  manors,  messuages,  farms,  lands,  tene- 
ments, and  hereditaments,  and  pre'nises,  in  the  said  counties  of 
as  tenants  in  common,  or  in  some  other  manner  in  tail  male,  or  tail 
general,  or  otherwise,  or  they,  or  some,  or  one  of  them,  ought,  accord- 
ingly, thereupon  to  have  had  possession  therrof,  and  of  all  tlie  title 
deeds  or  writings  relating  thereto,  some  of  which  were  in  the  possession 
or  power  of  the  said  R.  M.  I.  at  the  time  of  his  death,  as  aforesaid,  or 
of  the  said  G.  W.  and  G.  K.,  some  or  one  of  them.  But  your  Ora» 
trixes,  &c.  that,  soon  after  the  death  of  the  said  R.  M.  I.,  W,  R., 
of  ,  got  into  the  possession  of  all  the  said  manors,  messuages, 

&c.  and  hath  ever  since  been,  and  now  is,  in  possession  anil  receipt  of 
the  rents  and  profits  thereof;  and  he  hath  also  got  into  his  custody 
or  power  all  the  title  deeds  or  writings  relating  thereto,  and  particularly 
such  of  them  as  relate  to  such  part  of  the  said  premises  as  are  situated  in 
the  several  counties  of,  &c.  and  the  same  now  are  in  his  custody  or 
power,  or  in  the  custody  or  power  of  some  other  person  or  persons  to 
whom  he  hath  delivered  the  same;  and  the  said  W.  K.  hath  also,  since 
the  death  of  the  said  R.  M.  I.,  cut  down  or  felled,  or  caused  to  be  cut 
down  or  felled,  divers  timber  and  other  trees  which  were  standing  and 
growing  on  the  said  premises,  of  wliich  he  hath  taken  possession  as  afore- 
said, and  sold  and  disposed  of  tiie  same  for  a  large  sum  of  money  in  the 
whole,  and  hath  since  received  and  applied  the  same  to  his  own  use. 
And,  &c.  that  your  Oratrixes  have  at  several  times,  since  the  death  of 
their  said  late  jjrother  R.  IM.  1.,  by  themselves  and  their  agents,  applied 
to  the  said  W.  K.,  T.  W.,  and  G.  R.  and  requested  them  to  produce 
unto  your  Oratrixes  all  the  deeds  and  writings  in  their  respective  custody 
and  power  relating  to  any  of  the  real  estates,  late  of  the  said  E.  I.,  your 
Oratrixes'  late  father,  in  order  that  the  same  might  be  inspected  by  pro- 
per persons  on  behalf  of  your  Oratrixes  and  the  other  daughters  of  the 
said  E.  I.,  so  that  your  Oratrixes  might  be  able  therefrom  to  discover 
the  particular  estate  to  which  they  are  entitled  as  aforesaid.  And  your 
Oratrixes  well  hoped,  that  such  their  reasonable  requests  would  have  been 
complied  with.  But  now,  &:c.  sometimes  pretend,  that  no  settlement 
whatever  was  ever  made  by  an  ancestor  of  your  Oratrixes,  of  all  or  any  of 


BILLS  OF  DtSCOVERY.  325 

the  estates  of  your  Oratrixes' said  late  father,  byanytlecdor  will,  or  other 
writing  whatsoever,  and  that  no  such  deed,  will,  or  other  writing,  or  any 
copy  or  extract  of  any  such,  now  is,  or  ever  was,  in  the  custody  or  jx)wer  of 
them,  the  said  Defendants,  or  any  or  either  of  them  ;  or  that  if  any  such 
settlement  was  made  that  all  the  limitations  thereby  made  were,  loni;  before 
the  death  of  the  said  E.  I.  barred  by  some  fine  or  fines,  recovery  or  re- 
coveries, levied  or  suflTered  by  some  person  or  persons  who  were,  or  was  en- 
titled to  the  said  estates,  as  tenants  or  tenant  in  tail,imder  such  settlement, 
either  by  the  said  E.  I.  or  the  said  Testator,  your  Oratrixes'  late  brother. 
That  your  Oratrixes'  said  late  father  became  and  was  thereby  seised  of, 
or  entitled  imto  the  said  estates  as  tenant  in  fee  simple,  and  that  by  his 
said  late  will  and  testament  in  writing,  or  some  codicil  or  codicils  thereto 
annexed,  he  devised  such  estates,  or  some  part  thereof,  unto,  or  to  the  use 
of,  or  in  trust  for  the  said  R.  N.  I,  and  then  the  said  confederates  T.  W. 
and  G.  K.  or  some  or  one  of  them,  and  therefore  that  they,  or 
some  or  one  of  them,  by  virtue  thereof,  became  absolutely  entitled 
to  the  whole  thereof,  and  all  the  limitations  made  by  such  settlements 
or  settlement  under  which  your  Oratrixes  claim  as  aforesaid  of  the 
said  hereditaments  and  premises  in  the  county  of  M.  late  of  the  said 
E.  I.  your  Oratrixes'  late  father,  were  after  his  death  barred  and  destroyed 
by  some  fine  or  fines,  recovery  or  recoveries,  levied  or  suffered  by  the 
said  R.  N.  I.  in  his  life-time,  and  that  he  thereupon  became  seised  of,  or 
entitled  unto  all  the  said  last-mentioned  premises  as  tenant  in  fee-simple  ; 
and  that  by  his  last  will  and  testament  in  writing  devised  all  the  real 
estates  unto  or  to  the  use  of,  or  in  trust  for  the  said  W.  K.  and  his  heirs 
and  assigns  for  ever,  and  therefore  that  the  said  W.  K.  now  is  entitled  abf 
solutely  unto  all  such  parts  of  the  aforesaid  manors,  messuages,  &c.  as 
were  not  devised  by  the  said  will  of  the  said  E.  I.  to  the  said  T.  W.  and 
G.  K.  upon  the  trusts  in  the  said  will  mentioned  and  expressed  ;  and  that 
your  Oratrixes  and  the  other  daughters  of  the  said  E.  I.  or  any  of  them, 
have  or  hath  not,  or  ever  had  any  right  or  title  thereto,  or  to  any  part 
thereof,  or  to  any  of  the  rents  and  profits  thereof,  or  any  part  thereof; 
whereas  your  Oratrixes  charge  the  contrary  of  all  such  pretences  to  be 
true,  and  that  some  deeds  or  deed,  wills  or  will,  or  other  writings  or  writ- 
ing were  or  was  duly  made  and  executed,  whereby  an  estate  or  interest  in 
all  and  singular  the  said  premises  in  remainder,  expectant  upon  the  failure 
of  issue  male  of  the  said  E.  I.  was  well  executed,  or  limited  unto,  or  in 
favor  of  your  Oratrixes,  and  the  said  other  daughters  of  the  said  E.  I.  and 
that  some  counterparts  or  counterpart,  duplicates  or  duplicate,  copies 
or  copy,  abstract  or  abstracts,  extracts  or  extract,  of  some  such  deeds  or 
deed,  wills  or  will,  or  other  writings  or  writing,  are  or  is,  or  lately  were  in 
tlie  custody  or  power  of  them  the  said  confederate.^  W.  K.  T.  W.  and 
G.  R.  or  some  or  one  of  them,  and  so  it  would  appear,  if  they  would,  as 
they  ought,  produce  all  the  title  deeds  apd  writings  in   their  respective 


326  CILLS    OF    DISCOVERY. 

custody  or  pon-er  relating  to  such  estates,  aiul  every  part  thereof.  And 
your  Oratrixes  also  charge,  that  no  fine  halh  ever  been  levied,  nor  any 
recovery  suffered  of  the  said  estates  in  the  several  counties  of  G.  li  and 
M.  or  any  part  thereof,  since  the  making  of  such  settlements  thereof  as 
aforesaid,  or  however,  not  by  any  persons  or  person,  who  at  the  time  of 
the  levying  or  suffering  thereof  was  tenant  in  tail  of  the  estates  therein 
respectively  comprised,  or  that  there  was  not  a  good  and  sufficient  tenant 
of  the  iVeehold  of  the  said  estates  comprised  in  tlir-  said  fine  or  fines,  re- 
covery or  recoveries  for  ilie  deed  or  dee<ls  executed  for  declaring  the  use 
of  such  tine  or  fines,  recoveries  or  recovery,  or  by  some  other  deeds  or 
deed,  wills  or  will,  or  other  writing*;  or  writing  subsequent  thereto,  under 
which  your  Oratrixes  are  entitled  to  the  said  estates  or  some  part  thereof, 
and  so  it  would  ajipear  by  the  deeds  or  writings  relating  to  the  said 
estates  in  the  custod}'^  or  power  of  them  the  said  last-mentioned  confede- 
rates, or  some  or  one  of  them,  if  the  same  were  produced.  And  your 
Oratrixes  also  charge,  t!iat  neither  of  them  your  Oratrixes'  said  late 
father,  or  the  said  R.  id.  I.  your  Oratrixes'  said  brother  ever  made 
any  last  will  or  testament  in  writing,  whereby  they,  or  either  of  them, 
devised  their  or  oiilier  of  '(luir  said  real  estate,  or  any  part  thereof,  to  any 
persons  or  person  ,  other  than  and  besides  your  Oratrixes  ;  or  if  any  such 
wills  or  w  ill  was  or  were  made,  yet  tliat  the  same  were  or  was  not  executed 
in  such  manner  as  by  law  is  re quircil,  for  devising  or  passing  a  real  estate, 
and  that  then  fore  your  Oratrixes.  and  the  said  oilier  Defendants,  their 
sisters,  as  the  co-heiresses  at  law  of  their  said  iate  father  and  brother,  are 
now  eiuided  to  all  the  said  real  estates.  And  yo'.ir  Oratrixes  also  fur- 
ther charge  tliat  divers  parts  of  the  said  real  estates,  in  the  several  couit- 
ties  of  G.  IJ.  and  M.  were  copyhold  and  customaryhold,  and  that  no 
part  thereof  was  ever  surrendered  by  the  said  E.  I.  or  the  said  K.  JM.  I. 
to  the  use  of  their,  or  either  of  their  wills  ;  and  therefore  your  Oratrixes 
humbly  insist,  that  no  part  of  such  copyhold  or  customary  lands  will  pass 
by  such  wills  or  will,  if  any  such  liiere  be.  And  that  your  Oratrixes  and 
their  sisters,  are  now  well  entitled  thereto.  And  so  these  Defendants, 
as  your  Oratrixes  charge,  will  sometimes  admit  the  truth  to  Ijc  ;  but 
then  llu'y  pretend,  that  they  cannot  distinguish  or  set  out  the  said 
copyhold  or  customaryhold  premises  from  the  freeiiold  or  other  estates, 
laic  of  your  Oratrixes'  lain  father.  And  they,  the  .•>aid  last  mentioned 
confederates,  or  some  of  them,  now  have  o>r  halh,  or  lately  had  in  tlieir, 
-^r  one  of  iheir  power  or  custody,  divers  maps,  plans,  teniers,  copies  of 
'■nurt-rolls,  <leeds,  or  other  evidences  or  writings,  wherein  every  part  of 
the  said  real  estates,  in  the  said  several  counties  of  G.  B,  and  M.  which 
iS  copyhold,  or  customaryhold,  is  particularly  marked  out,  described,  or 
distinguished,  or  by  the  means  or  assistance  thereof,  they  the  said  De- 
I'endants,  or  any  other  person,  may  be  able  fully  to  set  out,  ascertain,  or 
l'«:tinguish  the  same,  or  the  bound?  thereof,  if  they  inspect  or  protiure  the 


Bll.J.ri    Of    DISCOVEUY.  O^i 

;;iiie.     And  your  Oralrixes  also  humbly  insist  that  in  case  the  said  copy- 
iiokl  or  ciistomaryhold  pvomises  cannot  he  otherwise  distinguished  or  se- 
parated from  the  freehold  and  other  esta',-s,  late  of  the  said  F..  1.  a  com- 
mission ought  to  be  awarded  and  issued  out  of  and  under  tho  seal  of  this 
honorable  Court,  directed  to  certain  commissioners,  to  be  therein  named, 
to  ascertain  the  same,  and  the  bounds  thereof.     But  nevertheless,  under 
-uch.  and  the  like  pretences  as  aforesaid,  or  some  olliers  equally  unjust 
and  unreasonable,  the  said  Defendants,  and  particularly  the  said  W.  K. 
persist  in  their  claim  to  the  said  real  estate,  and   refuse  1o  deliver  up  the 
possession  of  the  said  estates,  or  any  part  thereof,  or  to  accoimt  with  your 
Oratrixes  fortheir  share  of  the  rents  and  profits  thereof,  or  any  part  thereof, 
or  to  deliver  unto  your  Oratrixes,  and  their  said  sisters,  or  to  any  person  on 
their  behalf,  or  to  set  out  or  distinguish  the  said  copyhold  or  customary- 
hold  premises  fvom  ti'.e  freehold  and  other  estates  of  your  Oratrixes'  said 
father  ;  and  the  said  \V.  K.  also  refuses  to  pay,  or  to  make  unto  your  Ora- 
trixes, and  iheir  said  sisters,  or  any  of  them,  any  satisfaction  for  the  va- 
lue of  tlie  said  timber,  and  other  trees,  which  he  hath  cut  down  or  felled 
on  the  said  estates  or  premises,  or  any  part  thereof.     And  at  the  samd 
time  he,  the  said  Defendant  VV.  K.  threatens  or  gives  out,  that  he  will 
cut   down   other  limber    and    other   trees,   now  standing  and  growing 
upon  the  said  estates,  or  some  part  thereof,  and  commit  other  v/aste  or 
spoil  thereon.     And  they  also  pretend,  that  there  are,  or  is  some  old 
terras  or  term  of  years,  mortgages  or  mortgage,  or  other  incumbrances 
or  incumbrance,  upon  or  affecting  tlie  said  estates  or  some  of  them,  or 
some  part  thtreof,  prior  to  the  derivation  of  your  Oratrixes'  right  there- 
to,  and  that  they  will  set  up  such  terms  or  term  of  years,  mortgages  or 
mortgage,  or  other  incumbrances,  in   bar  to  your  Oratrixes  and  their 
sisters,  if  they  shall  proceed  at  law  for  the  recovery  of  the  possession  o? 
the  said  estates,  or  any  part  thereof,  or  any  satisfaction  for  the  rents  and 
profits  thereof;  and  at  some  times  the  said  last  mentioned  confederates 
claim,  or  some  or  one  of  them,  some  other  right  or  interest  to  or  in  the 
said  estates  or  some  part  tliereof,  but  they  refuse  to  discover  the  particu- 
lars thereol",  or  how  they  derive  or  make  out  the  same.     And  the  said 
other  Defendants  refuse  to  join  witli  your  Oratrixes   in  the  said  suit. 
All  which,  &c.     To  the  end,  &c. 

Praijcr. 

And  that  the  said  W.  K.  T.  W.  and  C.  R.  may  produce  and  leave  in 
the  hands  of  their  clerk  in  court  in  this  cause,  or  otherwise,  as  this 
honorable  Court  shall  direct,  all  the  deeds  or  writings  in  their  re- 
spective custody  or  power,  relating  to  tho  real  estate  of  your  Ora- 
trixes' said  late  father,  or  any  part  thereof,  for  the  inspection  and 
perusal  of  your  Oratrixes,  their  sisters,  and  agents ;  aud  that  pos- 
session of  the  said  estates,  or  such  parts  ihiteof  as  s!ra!l  apoenr  to  be- 


328  BILLS    OF    DISCOVERY. 

long  to  your  Oratrixes  and  their  said  sisters,  or  any  or  either  of  them, 
under  any  deeds  or  deed,  wills  or  will,  or  writings  or  writing,  exe- 
cuted by  any  of  their  an<:estors,  may  be  delivered  unto  them  toge- 
ther with  all  the  title-deeds  and  writings  relating  thereto  ;  and  that 
they  the  said  W.  K.  T.  W.  and  G.  K.  or  such  of  them  as  are  or  have 
been  in  the  possession  of  the  said  estates,  or  any  part  thereof,  may 
account  with  your  Oratrixes   and  their  said  sisters   and   make  them 
satisfaction  for  the  rents  and  profitij  thereof,  become  due  since  the 
death  of  your  Oratrixes'  late  brother,  and  received  by  them  the  said 
Defendants,  or  !)y  their,  or  any  or  either  of  their  orders,  or  for  their 
or  any  or  either  of  their  use.     And  if  it  shall  appear  that  your  Ora- 
trixes' said  late  father  and  brother,  or  either  of  them,  were,  at  the 
time  of  their  respective  deaths,  seised  or  entitled  unto  the  said  real 
estates,  or  any  part  thereof,  in  fee-simple,  or  had  power  to  dispose 
thereof,  by  will,  and  that  such  parts  thereof  as  were  copyhold  or 
customaryhold,  were  not  surrendered  by  your  Oratrixes'  said  late 
father  or  brother,  to  the  uses  of  their  said  respective  wills,  then 
that  the  said   Defendants  may  set  forth  and  distinguish   the  said 
copyhold  and  customaryhold  premises  from  the  freehold  and  other 
parts  of  the  said  estates  or  otherwise,  that  a  commission   may  be 
awarded  and   issued  out  of  and   under  the  seal  of  this  honorable 
Court,  directed  to  certain  ccmmissioners  to  be  therein  named,  to  set 
out,  distinguisli,  and  ascertain  the  said  copyhold  and  custom ar}'hold 
premises,  and  the  metes  and  boundaries  thereof;  and  that  the  posses- 
sion of  the  said  copyholds  may  be  delivered  to  your  Oratrixes  and 
their  said  sisters,  or  such  of  them   as  shall  apj>ear  to  be  entitled 
thereto,  together  with  all  the  evidences  and  writings  relating  thereto  j 
and  that  the  said  W.  K.  T.  W.  and  G.  R.  or  such  of  them  as  are 
in  possession  of  the  said  copyholds,  may  account  with  your  Ora- 
trixes and  their  said  sisters,  and  make  them  satisfaction  for  the  rents 
and  profits  become  due  since  the  death  of  your  Oratrixeb'  said  bro- 
ther, and  received  by  them,  or  any  or  either  of  them,  or  by  their 
or  either  of  their  orders,  or  for  their  or  either  of  their  use  :  and  that 
an  account  may  also  be  taken  of  the  timber  and  other  trees  which 
have  been  cut  down  or  felled  by,  or  by  the  orders  or  order  of  the  said 
Defendants,    or  any   or  either  of  them,  which  were  standing   or 
growing  on  the  said  estates,  or  any  part  thereof,  and  may  pay  and 
make  satisfaction  unto  your  Oratrixes  and  their  said  sisters  for  the 
value  thereof;  and  that  they  may   also  be  restrained  by  the  in- 
junction of  this  honorable  Court,  from  cutting  down  or  felling  any 
more  timber,  or  other  trees,  on  the  said  estates,  or  any  part  thereof, 
and  from  committing  any  further  or  other  waste  or  spoil  thereon. 
And  for  further  relief,  cVc. 

J.  S. 


329 
CHAPTER  V. 

BILLS  NOT  ORIGINAL. 
SECT.   1. BILLS   OF  SUPPLE.AIE?JT  AND   REVIVOR. 

BILLS  not  original  are  cither  an  addition  to,  or  a  conti- 
nuance of  an  original  bill,  or  both.  An  imperfection  in 
t!ie  frame  of  a  bill  may  generally  be  remedied  by  amend- 
ment, but  the  imperfection  may  remain  undiscovered  whilst 
the  proceedings  are  in  such  a  slate  that  an  amendment  can- 
not be  permitted  according  to  the  practice  of  the  court. 
This  is  particularly  the  case  where,  after  the  court  has  de- 
cided upon  the  suit  as  iramed,  it  appears  necessary  to  bring 
some  other  matter  before  the  coiut  to  obtain  the  full  effect 
of  the  decision  ;  or,  before  a  decision  has  been  obtained,  but 
after  the  parties  are  at  issue  upon  the  points  in  the  original 
bill,  and  witnesses  have  been  examined,  (in  which  case  the 
practice  of  the  court  will  not  permit  an  amendment  of  tht^ 
original  bill,)  some  otlier  point  ajjpears  necessary  to  be 
made,  or  some  additional  discovery  is  found  requisite  ;  and 
though  a  suit  is  perfect  in  its  institution,  it  may,  h^  some  event 
subsequent  to  the  filing  of  the  original  bill,  become  defec- 
tive, so  that  no  proceeding  can  be  had,  either  as  to  the  whole, 
or  as  to  some  part,  with  effect,  or  it  may  become  abated, 
.so  that  tliere  can  be  no  proceeding  at  all,  either  as  to  the 
whole,  or  as  to  part  of  tlie  bill.  The  first  is  the  case  when. 
'although  the  parties  to  the  suit  may  remain  before  the  court, 
some  event  subsequent  to  the  institution  of  the  suit,  has  either 
made  such  a  change  in  the  interests  of  those  parties,  or  given 
to  some  other  person  such  an  interest  in  the  matters  in  liti- 
gation, that  the  proceedings,  as  thev  stand,  cannot  have tlicii 

4.3 


330  HILLS  OF   SLPPLF:Mb:M    AND   RKVIVOK. 

full  efl'cct.  The  other  is  the  case  when,  bv  some  subser^uent 
event,  there  is  no  person  before  tlie  court  by  whom,  or 
against  whom,  the  suit,  in  the  >\  hole  or  in  part,  can  be  pro- 
secuted.    MIL  53. 

When  any  event  ha|)])ens  subse(|uent  to  the  time  of  lilinii 
an  original  bill,  u  liich  gives  a  new  interest  in  the  matter  in 
dispute  to  any  person  not  a  pfuty  to  the  bill,  as  tlie  birth  ol' 
a  tenant  in  tail,  or  a  new  intei  est  to  a  party,  as  the  happening 
of  some  other  contingency,  the  defect  may  be  supplied  by  a 
bill  which  is  usually  called  a  supplemental  bill,  and  is  in 
fact  merely  so  with  respect  to  the  rest  of  the  suit,  though 
with  respect  to  its  inmicdiate  object,  and  against  any  new 
party,  it  has  in  some  degree  the  effect  of  an  original  bill. 
If  any  event  happens  whi(;h  occasions  any  alteration  in  the 
interest  ol'  any  of  the  parties  to  a  suit,  and  does  not  deprive 
a  Plaintiff  suing  in  his  own  right  of  isis  vv'iole  interest  in  the 
subject,  as  in  the  case  of  a  mortgage,  or  other  j;artial  change 
of  interest ;  or  if  a  Plaintiff  suing  in  hi.s  ov.  n  right  is  entirely 
deprived  of  liis  interest,  but  he  is  not  the  sole  Plaintiff,  the 
defect  arising  from  this  event  may  be  su])plied  by  a  Ijill  of 
the  same  kind,  which  is  likewise  commonly  termed,  and  in 
some  respects  is,  a  supplemental  bill  merely,  tiiough  in  otlier 
respects,  and  especially  against  any  ne^v  |)arty,  it  has  also  in 
some  degree  tlie  effect  of  an  original  bill.  In  all  these 
cases  the  parties  to  the  suit  are  able  to  proceed  in  it  to  a 
certain  extent,  tliough  iVom  the  defect  arising  from  the  event 
subsequent  to  the  fding  of  the  original  bill,  tlie  proceedings 
are  not  sufficient  to  altaiji  tlicir  lull  object.   Mit.  60. 

A  supplemental  bill  must  state  the  original  bill,  and  the 
proceedings  thereon  ;  and  if  the  supplemental  bill  is  occa- 
sioned by  an  event  subsequent  to  the  original  bill,  it  must 
state  that  event,  and  the  conse(juent  alteration  with  resjject 
to  the  parties,  and  in  general  the  supplemental  bill  must 


Bll.I.rf  OF  SUPFLEMENT  AND  REVIVOR.        331 

pray,  that  al!  the  Defendants  may  aj)poar  and  answer  to 
the  charges  it  contaiiis.  For  if  the  snpj)lemental  bill  is  not 
for  a  discovery  merely,  the  cause  must  be  heard  uj)on  the 
snpplemental  bill  at  the  same  time  that  it  is  heard  upon  the 
original  bill,  if  it  has  not  been  before  heard  ;  and  if  the 
cause  has  been  before  heard,  it  must  be  further  heard  upon 
"the  sup])!emental  matter,  if  indeed  the  alteration  or  acqui- 
sition of  interest  happens  to  a  Defendant,  or  a  person  neces- 
sary to  be  made  a  Defendant,  the  snpplemental  bill  may 
be  exhibited  by  the  Plaintiff  in  the  original  suit  against 
such  person  alone,  and  may  pray  a  decree  upon  the  parti- 
cular supplemental  ma  ter  alleged  against  that  person  only, 
unless  (which  is  frequently  the  ca^sc)  the  interests  of  the 
other  Defendants  may  be  affected  by  that  decree.  Where  a 
supplemental  bill  is  mciely  lor  the  puipose  of  bringing  for- 
mal parties  before  the  court  as  Defendants,  the  parties, 
Defendants  to  the  original  bill,  need  not  in  any  case  bn 
made  parties  to  the  supplemental.     Harrisoii's  Chancery. 

An  original  bill  in  the  nature  of  a  supplemental  bill  must 
state  the  original  bill,  the  proceedings  upon   it,  the  event 
which  has  determined  the  interest  of  the  party  by  or  against 
whom  the  former  bill  was  exhibited,  and  the  manner  in 
which  the  property  was  vested  in  the  person  become  enti- 
tled, it  must  then  shew  the  ground  upon  which  the   coiut 
ought  to  grant  the  benefit  of  the   former   suit  to  or  against 
the  person  so  become  entitled,  and   pray  the  decree  of  the 
court  adapted  to  the  case  of  the  Plaintiff  in  the  new  bill. 
This  bill,  though  partaking  of  the  natme  of  a  supplemental 
bill,    is  not  an  addition  to  the  original  bill,    but  another 
original  bill,  w!iich,  in  its  consequence:,  may  draw  to  itself 
the  advantage  of  the  proceedings  on  the  former  bill.   liar-. 
rlso'iis   Chancery. 


332        BILLS  OF  SUPPLEMLNi  AND  ULVIVOK- 

A  bill  of  revivor  must  state  the  original  bill,  and  the 
several  proceedings  thereon,  and  the  abatement ;  it  must 
shew  a  title  to  revive,  and  eliarge  that  the  cause  ought  to  be 
revived,  and  stand  in  the  same  condition  ^^■ith  respect  to 
the  parties  in  the  bill  of  revivor,  as  it  was  in  with  respect 
to  the  parties  to  the  original  bill  at  the  time  the  abatement 
liappened,  and  it  must  pray  thnt  the  suit  may  be  revived 
accordingly.  It  may  be  likew  i^c  necessary  to  pray  that  the 
Defendant  may  answer  the  bill  of  revivor,  as  in  the  case  of 
a  requisite  admission  of  assets  by  the  representative  of  a 
deceased  party.  In  this  case,  if  the  Defendant  does  admit 
assets,  the  cause  may  proceed  against  him  upon  an  order  of 
revivor  merely  ;  but  if  he  does  not  make  that  admission, 
the  cause  must  be  heard  for  the  purpose  of  obtaining  the 
necessary  accounts  of  the  estate  of  the  deceased  party  to 
answer  the  demands  made  against  it  l)y  the  suit ;  and  the 
prayer  of  the  bill  therefore,  in  such  case  usually  is,  not  only 
that  the  suit  may  be  revi\  ed,  but  also,  that  in  case  the  De- 
fendant shall  not  admit  assets  to  answer  the  purposes  of  the 
suit,  those  accounts  may  be  taken  ;  and  so  far  the  bill  is  in 
the  nature  of  an  original  bill.  If  a  Defendant  to  an  ori- 
ginal bill  dies  before  putting  in  an  answer,  or  after  an  an- 
swer to  which  exceptions  have  been  taken,  or  after  an 
amendment  of  the  bill  to  w  hich  no  answer  has  been  given, 
the  bill  of  revivor,  though  re([uiring  in  itself  no  answer, 
must  pray  that  the  person  against  w  horn  it  seeks  to  revive 
the  suit  may  answer  the  original  bill,  or  so  much  of  it  as  the 
exceptions  taken  to  the  answer  of  tlu>  former  Defendant 
extend  to,  or  the  amendment  remaining  unanswered. 


BILLS  OF  SUPPLEMENT  AND  REVIVOR.  333 

Supplemental    Bill,    Mating    a  further   Error   in    printed 
Particular,  and  claiming  a  further  Compensation. 

Iliiniljly  complaining,  8^c.  your  Orator  A.  IM.,  of,  &c.  that  on  or 
a!)0(it,  v.Vc.  your  Orator  exiiibitod  his  original  bill  of  complaint  in  this 
honorable  Court,  against,  &c.  the  Defendants  hereto,  stating,  i^'c.  &'c. 
(state  original  bill)  and  praying  therefore,  that  &c.  And  your,  &c.  that 
all  the  said  Defendants,  being  duly  served  with  process,  appeared  and  put 
in  their  answers  to  the  said  original  bills,  and  witnesses  have  been  ex- 
amined, and  publication  hath  been  passed,  as  in  and  by,  &:c.  And 
your,  &c.  by  way  of  supplement,  that,  in  the  printed  particulars  dis- 
tributed at  and  previous  to  the  said  sale  of  the  said  manor  and  premises, 
and  under  which  your  Orator  purchased,  C.  J.,  esq.  was  therein  described 
to  be  in  possession,  as  tenant  to  the  said  lord  A.,  of  acres  of  land, 
held  for  one  life,  called,  &c.  and  of  certain  other  lands  held  for  two 
lives,  making,  together  with  the  said  acres,  acres,         roods,  and 

perches  ;  and  the  said  printed  particulars  referred  to  a  certain  paper 
or  terrier,  called  the  terrier  of  ,  and  in  such  terrier  the  said 

lands  so  held  by  the  said  C.  J.,  which  were  thereby  made  to  amount  to 
the  said  quantity  o(  acres,  roods,  perches,  were  particularly 
described,  and,  as  part  thereof,  were  stated  the  six  following  articles,  &c. 
&c.  And  your,  &:c.  by  way  of  supplement,  that  since  publication  hath 
passed  in  the  said  original  cause,  your  Orator  hath  discovered,  that  al- 
though the  said  C.  J.  was  in  possession  of  the  acres,  roods,  and 
perches,  yet  as  to  acres,  part  thereof,  he  held  the  same  not 
as  tenant  to  the  said  lord  A.  but  as  his  own  property,  in  fee-simple,  (that 
is  to  say,)  &c.  &c.  And  your  Orator  sheweth,  that  —  J.,  the  widow  of 
the  said  C.  J.  hath  under  a  certain  act  of  Parliament  made  and  passed 
in  the  year  of  the  reign  of  his  present  majesty,  intituled  "  An  act  for 
inclosing  lands  in  K.,  in  the  county  of  S.,"  claimed  before  the  commis- 
sioners appointed  thereby,  and  been  allowed  an  allotment  of  land  in 
respect  of  the  said  acres,  as  her  own  absolute  property.  And 
your  Orator  sheweth,  that  having  purchased  the  said  manor  and  premises 
upon  the  faith  and  confidence  that  the  said  acres,  roods,  and 
perches  of  land,  in  the  possession  of  the  said  C.  J.,  were  held  by  him  as 
tenant  of  the  said  Defendant  lord  A.,  according  to  the  said  printefl  par- 
ticulars of  sale,  j'our  Orator,  since  he  hatii  discovered  that  the  said 
acres,  part  thereof,  were  the  absolute  property  of  the  said  C.  J.  hath  re- 
peatcdl}'  applied  to  the  said  Defendants,  and  required  them  to  make  to 
your  Orator  a  reasonable  compensation  in  respect  thereof,  with  which, 
&c.  refuse  so  to  do,  pretending  that  the  said  acres,  roods,  and 
perches  were^  as  described  in  the  said  particular  of  sale,  held  by 


334       BILLS  OF  SUPPLEMENT  AND  REVIVOR. 

the  said  C.  J.  as  tenant  thereof  to  the  said  lord  A.,  whereas  your  Orator 
diarges  the  contrary  thereof  to  be  the  truth.  To  the  end,  &c,  (interro- 
gate.) 

Prayer. 

And  that  the  said  Defendants  may  answer  the  premises  ;  and  that  it 
may  be  referred  to  one  of  the  Masters  of  this  honorable  Court  to 
inquire  what  compensation  your  Orator  is  entitled  to,  in  respect  of 
the  loss  of  the  said  acres  of  land,  and  that  such  coniiiensation, 
together  with  interest  thereon,  may  he  paid  out  <»,■  the  said  sum  of 
£  ,  if  so  much  shall  remain  tliereuf,  -d'ter  satisfaction  of  the 

demands  of  your  Orator  by  the  said  oiiginal  bill  or  otherwise,  by 
the  said  Defendant  Lord  A.,  and  that  this  your  Orator's  bill  of  com- 
plaint may  be  deemed  and  taken  as  and  for  a  bill  of  KU|)plement 
to  his  said  original  bill  of  complaint.     And  for  further  relief. 

J.  L. 
Pray  letters  ?nissivc,  ^'f. 


Supplemental  Bill,  Defendant  having  commenced  an  Ac- 
tion of  Ejeet/uent  since  filing  original  Bill,  and  an  In- 
junction  from  proceeding  in  said  Action. 

Humbly  complaining,  sheweth  unto  3'our  Lordship,  your  Orator  J.  K. 
of,  &c.  that  In  or  as  of  term,  ,  your  Orator  exhibited  his 

original  bill  of  compliiint  in  t'lis  honorable  Tourt  against  IL  B.  S.,  and 
which  said  bill  hath  been  amended  by  order  of  this  honoral>le  Court, 
thereby  praying  that  the  said  I'efcndaut  misjlil  be  decreed  speedily  to 
perform  his  agreomen!  widi  your  Or.iior  toiicliing  the  lease  of  the  farm 
and  premises  in  the  said  bill  mentioned,  and  so  grant  your  Orator  a  lease 
thereof  for  years,  commencing  from  the  expiration  of  his  for- 

mer lease,  at  the  yearly  rent  of  £  ,  your  Orator  being  willing  and 
ready  to  do  and  perform  every  thing,  on  his  part,  required  to  be  had  and 
pertormed  in  pursuance  of  the  said  agreement.  And  your,  &c.  that  the 
said  Defendant  appeared  and  put  in  his  answer  to  the  said  original  bill, 
as  by  the  said  bill  and  answer  now  remaining  as  of  record  in  this  honor- 
able Court,  reference  being  thereunto  had  will  appear.  And  your 
Orator  sheweth,  that  since  the  fding  of  the  said  original  bill,  the  said  De- 
fendant hath  caused  an  action  of  ejectment  to  be  commenced  in  his  Ma- 
icsty's  Court  of  King's  Bench  at  Westminster,  for  the  purpose  of  emitting 
and  turning  your  Orator  out  of  possession  of  the  said  farm  and  premises, 
and  the  said  action  is  still  depending  in  the  said  court.     And  your  Oratoi 


BILLS  OF  SUPl'Ll.iMENT  A.ND   KLViVOlt.  6.>D 

being  advised,  the  said  Defeiidiuit  cannot  support  such  action,  and  that 
your  Orator  is  entitled  to  a  specific  pcrfonnaiice  of  the  ;>aid  agreement, 
as  prayed  by  his  ."-aid  amended  bill,  he  has,  by  himself  and  liis  agents, 
several  times  applied  to  and  requested  the  said  Defendant  to  desist  from 
proceeding  in  the  said  action,  and  he  was  in  hopes  that  lie  would  have 
complied  with  such  fair  and  reasonable  request  as  in  justice  and  equity 
he  ought  to  have  done.  l*ut  now  so  it  is,  may  it  please  your  Lordship 
tiiat  the  said  H.  B.  S.  refuses  to  comply  with  your  Orator's  said  request, 
and  insists  upon  proceeding  in  his  said  action,  and  to  turn  your  Orator 
out  of  possession  of  the  said  tVirm  and  lands,  to  the  manifest  wrong  and 
injury  of  your  Orator  in  tlie  premises.     To  the  end,  &c. 

Prayer. 

And  that  the  said  Defendant  may  be  restrained,  by  the  injunction  of 
this  honorable  Court,  from  proceeding  in  the  said  action,  and  also 
from  commencing  any  other  action  or  proceeding  at  law  for  the 
purpose  of  turning  your  Orator  out  of  possession  of  the  said  farm 
and  lands.     And  for  further  relief. 

A.  C. 

Pray  Subpoena  and  Injunclion 

against  H.  B.  S. 


Bill  of  Supplement,  in  the  Nature  of  an  original  Bill, 
for  a  Legacy  of  Stock  given  to  L  L.  in  case  he  should 
claim  it  ivithm  seven  Years. 

Humbly  complaining,  sheweth  unto  your  Lordship,  your  Oratrix 
L.  S.  T.,  of,  &c.  on  behalf  uC  herself  and  all  other  creditors  of  L  L., 
late  of,  &c.  who  shall  come  in  and  seek  relief  by  and  contribute  to  the 
expense  of  this  suit,  that,  on  or  about,  &c.  your  Oratrix  exhibited  her 
original  bill  of  complaint  in  this  iioriorable  Court  against  L  L.,  since  de- 
ceased, A.  M.  C,  now  the  wife  of  R.  IL,  clerk,  and  the  governor  and 
company  ofthe  bank  ofEngland,  thereby  stating,  amongst  other  things,  &c. 
[state  the  h/U]  and  therefore  {iraying.  Sec.  And  your,  l*Ic.  that,  soon  after 
the  filing  of  the  said  bill  of  complaint,  your  Oratrix  obtained  an  injunction 
to  restrain  the  said  Defendant  A.  M.  H,  from  transferring  the  said  sum 
of  stock,  and  that  the  said  A.  M,  IL,  and  the  said  R.  H.,  her  husband, 
have  since  put  in  their  joint  and  several  answers  to  the  said  bill,  but  that 
no  further  proceedings  have  been  had  in  the  said  cause,  as  in  and  by,  «fec. 
And  your  Oratrix  further  sheweth  unto  your  Lordship,  by  way  of  sup- 
plement, that,  before  the  expiration  of  years  from  the  death  of 
the  said  testator  L  L.,  and  in  or  about,  c^'c.  tiie  said  f.  L..  the  son,  de- 


336  KILLS   OF  SUPPLE. Mi: NT  AM)  RllVlVOH. 

parted  this  life,  at  M,  atbresaiti,  without  having,  as  it  is  aHcgctl,  ever 
roturned  to  England  since  the  death  of  the  said  Testator,  hut  having 
duly  made  and  published  his  last  will  and  testanunt,  in  writing,  which 
hath  since  been  duly  proved  in  the  Prerogative  Court  of  the  archbishop 
of  C.  by  G.  W.,  of,  &c.  one  of  the  Defendants  hereto,  the  executor  in 
England ;  and  the  said  G.  W.  hath  by  virtue  thereof,  possessed  himself 
of  the  estate  and  effects  of  the  said  I.  L.,  the  son,  to  a  considerable 
amount.  And  vour,  <^"c.  by  way  of  supplement,  that,  afier  the  filing  of 
the  said  original  bill  of  com[)laint,  and  the  obtaining  of  the  said  injunc- 
tion to  restrain  the  transfer  of  the  said  stock,  the  said  Defendants  11.  II. 
and  A.  JNI.  II..  or  one  of  them,  wrote  divers  letters  to  the  said  I.  L.,  the 
son,  at  M.  and  received  from  him  divers  other  letters  ;  and  the  said 
Defendants,  or  one  of  them,  have  now,  or  lately  had,  in  their  custody 
or  power,  the  letters  so  received  from  the  said  I.  L.,  the  son,  and  also 
copies  of  the  letters  written  by  thein  to  the  said  I.  L.,  the  son,  or  memo- 
randums thereof,  or  the  said  Defendants  can  set  forth  the  purport  and  ef- 
fect of  the  letters  so  received  and  written  by  them  respectively.  And 
vour  Oratrix  sheweth,  that  the  said  Defendants  R.  H.  and  A.  M.  II.  in 
the  said  letters  so  written  to  the  said  I.  L.,  the  son,  informed  the  said 
I.  L.  of  the  suit  instituted  by  your  Oratrix  as  aforesaid,  and  of  the  in- 
junction obtained  therein,  to  restrain  the  transfer  of  the  said  sum  of 
stock;  and  the  said  Defendants  thereby  prevailotl  upon,  or  induced  the 
said  I.  L.  the  son  to  delay  returning  to  England  in  order  to  make  a 
formal  demand  for  the  said  sum  of  stock,  according  to  the  terms  of 
tliesaid  Testator's  will.  And  your  Oratrix  sheweti),  that  the  said  Defen- 
dants R.  H.  and  A.  JM.  II.  have  from  time  to  time  received  the  divi- 
dends on  the  said  sum  of  slock,  and  have  or  ought  to  have  laid  out  the 
same  to  accumulate  according  to  the  directions  of  the  said  Testator's 
will.  And  your  Oratrix  charges,  that  the  said  sum  of  stock,  and  all 
accumulations  thereof,  are  part  of  the  estate  and  effects  of  the  said 
I.  L.,the  son,  and  ought  to  be  applied  in,  or  towards  satisfaction  of  your 
Oratrix  and  the  other  creditors  of  the  said  I.  L.  in  a  due  course  of  admi- 
nistration. But  the  said  G.  W.  colludes  with  the  said  other  Defendant.?, 
and  declines  to  take  any  proceedings  to  recover  and  apply  the  said  stock 
and  accumulations  accordingly. 

To  the  end  therefore,  &c.  Whether,  &c.  {infcrrogrde  to  the  supplemen- 
tal pnrf,)  and  whether  after  the  filii:g  of  the  said  original  bill  of  complaint, 
and  the  obtuining  the  said  injunction  to  restrain  the  transfer  of  the  said 
stock,  or  at  some  other  time  or  times.  an<l  when  in  jjarticular  the  said 
Defendants  R.  H.  and  A.  M.  II.  or  one  and  which  of  them,  or  some  other 
j)erson  or  persons,  and  whom,  by  their,  or  one  and  which  of  their  instruc- 
tions, or  with  their,  or  one,  and  which  of  their  privity,  did  not  write 
divers, or  some  and  \\lial  letters  or  letter  to  the  said  I.  L.  the  son,  or  to 


BILLS  or  SUPPLEMENT  AND  REVIVOR.  337 

some  otlior  person  or  persons,  and  whom,  on  his  behalf,  and  wlietlior  not 
to  IM.  or  elsewhere,  and  where;  and  whether  tlioy,  or  one,  and  wliich  of 
them  or  some  other  person  or  persons,  and  whom,  with  their,  or  one, 
and  whicli  of  their  privity,  did  not  receive  from  him,   or  some  other  per- 
son or  persons,  and  whom  on  his  behalf,  and  when  in  particular,  divers, 
or  some  and  what  other  letters  or  letter,  and  whether  the  said  Defen- 
dants, or  one  and  which  of  thenj,  or  some  other  persons  or  person,  and 
whom,  on  their,  or  one,  and  which  of  their  behalf,  have  not  now,  or 
lately  have  not  had,  and  when  last  in  their  or  one   and  which  of  their 
custody  or  power,  the  said  letters  or  letter,  so  received  from  the  said  I.  L. 
the  son,  or  from  some  person  or  persons,  and  whom,  on  his  behalf,  or 
some,  or  one,  ami  which  of  such  letters  or  letter,  or  what  hath  become  ,of 
such  letters  or  letter ;  and  whether  they  the  said  Defendants,  or  one  and 
which  of  them,  or  some  other  persons  or  person,  and  whom,  on  their,  or 
one,  and  wliich  of  their  behalf,  have  not  now,  or  have  not  had,  and  when 
last,  in  their,  or  one,  and  whicli  of  their  custody  or  power,  some  and 
W'hat  copies  or  copy,  memorandums  or  memorandum  of  the  said  letters  or 
letter,  or  some,  or  one,  and  which  of  the  said  letters  so  written  as  afore- 
said to  the  said  I.  L.  the  son,  or  to  some  person  or  persons,  and  whom, 
on  his  bc'nalf.     And  that  tlie  said  Defendants  may  set  forth  the  said  seve- 
ral letters  or  letter  so  written  or  received  as  aforesaid,  in  the  very  words 
and  figures  thereof  respectively,  and  may  leave  the  letters  or  letter  so  re- 
ceived and  the  copies  xuid  memorandums  of  the  letters  or  letter  so  written, 
in  the  hands  of  their  clerk  in  Court,  for  the  usual  purposes.     x\nd  if  the 
said  Defendants  have  no  such  letters  or  letter,  copies  or  copy,  memoran- 
dum or  memorandums,  in  their  or  either  of  their  custody  or  power,  then, 
that  they  may  set  forth  the  purport  and  eff.^ct  of  all  such  letters  or  letter 
so  written  or  received  as  aforesaid,  fully  and  particularly,  to  the  best  of 
their  resi)ective  knowledge  and  belief;   and   whether  said   R.  II.  and 
A.   M.  H.  or  one  and  which  of  them,  or  some  other  person  or  persons, 
and  whom,  on  their,  or  one,  and  whicii  of  their  behalf,  or  with  their,  or 
one,  and  which  of  their  privity,  did  not  in  some,  or  one,  and  which  of  the 
said  letters  or  letter  so  written  as  aforesaid,  inibrm  the  said  I.  L.  of  the. 
suit  so  instituted  by  your  Oratrix  as  aforesaid,  and  of  the  injunction  ob- 
tained therein,  to  restrain  the  transfi.r  of  the  said  sum  of  stock,  or  to  some 
such  and  what  effect ;  and  whether  the  said   Defendants,  or  one,  and 
which  of  them,  or  some  other  person  or  persons,  and  whom,  on  their 
behalf,  or  with  their  privity,  did  not  thereby,  or  by  some  other  and  what 
means,  prevail  upon,  or  induce  the  said  I.  L.  the  son,  to  delay  returning 
to  England  in  order  to  make  a  formal  demand   for  the  said  sum  of 
stock,  according  to  the  terms  of  the  said  Testators 's  will,  or  for  what  rea- 
son,  as  the  said  Defendants,  or  either,  and  which  of  them  know  or 
believe,  did  the  said  I.  L.  the  son,  delay  returning  to  England,  for  the 
purpose  aforesaid,  <l-c.  &c. 

4'1 


338  BILLS   OF  SUPPLEMLM    AiND   KKVIVdrv. 

Prayer. 

And  that  the  said   Defendants  may  answer  the  premises.     And  that 
the  said  sum  oi  £  5  per  cent,  bank  annuities,  together  with 

the  accumulations  that  have,  or  might  and  ought  to  liave  been  made 
thereof,  may  be  declared  to  be  part  of  the  personal  estate  and  effects 
of  the  said  I.  L.  may  be  applied,  together  with  all  other  personal 
estate  and  eftects  of  the  said  I.  L.  the  son,  which  iiath  been  pos- 
sessed or  received  by  the  said  G.  W.  in  payment  of  your  Oratrix 
and  the  other  creditors  of  the  said  I.  L,  the  son,  in  a  due  course  of 
administration.  And  that  for  this  purpose,  all  proper  directions  may 
be  given,  and  for  further,  Arc. 

J.  L. 

Pray  Suhpotna  against  R.  H. 
and  A.  M.  H.  Governor  and 
Company  of  the  Bank  of 
England  and  G.  Jf. 


Supplemental  Bill  for  Relief  agaiusi  ihn  Assignees  of  a 

Bankrupt. 

States,  that  Plaintiffs  h»  term,  ,  c.\hi!)ited  their  bill  oi 

complaint  in  this  honorable  Court,  against  !>.,  d'c.  praying  that  an  ac- 
count might  be  taken  of  the  personal  estate  and  effects,  &lc. 

That  the  said  Defendants  being  served  witli  process  issuing  out  of  this 
honorable  Court,  to  appear  to  answer  Plaintiff's  s;iid  bill  of  complaint, 
appeared  accordingly,  and  put  in  their  answer  thereto,  and  Plaintiff  re- 
plied to  said  answer;  but  before  any  further  proceedings  were  had  in  the 
said  suit,  a  commission  of  bankruptcy  under  the  great  seal  of  Great  Bri- 
tain was  awarded  and  issued  against  the  said  Defendant  B.  who  hath 
been  thereupon  duly  declared  and  certified  a  bankrupt.  And  D.  of,  &c. 
having  been  lately  chosen  assignee  of  the  said  bankrupt's  estate  and 
effects,  the  major  part  of  the  commissioners  named  and  authorized  in  and 
by  the  said  ccaimission,  have  duly  assigned  all  the  late  effects  of  the 
said  bankrupts  to  the  said  D.  and  therefore  the  Plaintiff  is  advised,  he  is 
entitled  to  the  same  relief  against  the  said  D.  as  he  would  have  been 
entitled  unto  against  the  said  Defendant  B.  if  he  had  not  become  a 
bankrupt. 

Inquiry. 

Therefore,  thai  the  said  Defendant  may  upon  his  corporal  oath,  full, 
true  and  distinct  answer  maks  to  all  and  singular  llie  matters  aforesaid, 


BILLS  01    SUPPLEMENT  AND  REVIVOR. 


389 


according  to  the  best  of  his  knowledge  and  belief.  And  particularly  that 
he  may  set  forth  whether  Plaintiff  did  not,  at  or  about  such  time  as  here- 
inbefore mentioned,  or  at  what  other  time,  exhibit  his  bill  of  complaint 
against  the  said  Defendants  as  aforesaid  ;  and  whether  such  proceedings 
as  afon^said,  or  what  other  proceedings  have  not  been  had  thereon  ;  and 
whether  a  commission  of  bankruptcy,  and  wlien,  and  about  what  time, 
was  not  awarded  against  the  said.  Defendant  B. ;  and  whether  he  was 
not  found  and  duly  declared  a  bankrupt ;  and  whether  his  estate  and  effect b' 
have  not  been  assigned  by  the  major  part  of  the  commissioners,  in  and 
by  the  said  commission  named,  to  the  said  I.  D.  or  to  what  other  per- 
son or  persona. 

Prayer. 

And  that  the  Plaintiffs  may  have  the  benefit  of  the  said  suit  and  pro 
ceedings  against  the  said  D.  and  may  have  the  same  relief  against 
him,  as  he  might  have  had  against  the  said  B.  in  case  he  had  not 
become  a  bankrupt.     And  for  further  relief,  &c. 

Snpplemenlal  Bill  in  consequence  of  the  Bankruptcy  of  a 

Defendant. 

States  that  on  the  ,  Plaintiffs  exhibited  their  original 

bill  of  complaint  against  I.  T.  Sec.  &c.  the  Defendants  thereto,  thereby 
stating  the  several  matters  and  things  therein  mentioned,  and  praying, 
&c.  &c. 

That  the  said  Defendants  on  being  served  with  process,  severally 
appeared,  and  Defendants  T.  C.  &c.  put  in  their  answers  to  said  bill, 
but  Defendant  B  halh  not  yet  answered  same,  and  said  £  hath 

been  paid  into  court  by  Plaintiffs  pursuant  to  an  order  for  that  purpose, 
and  some  other  proceedings  have  been  had  in  sai-d  cause,  as  in  and 
by,  &c. 

That  before  any  further  proceedings  were  had  in  said  cause,  and  on  or 
about,  (fee.  a  commission  of  bankrupt  under  the  great  seal  of  Great  Bri- 
tain was  duly  awarded  and  issued  against  said  Defendant  I.  B.  who 
hath  been  thereupon  duly  found  and  declared  a  bankrupt,  and  W.  W.  of, 
&c.  and  D.  M.  of,  &c.  have  been  duly  chosen  assignees  of  said  bankrupt's 
estate  and  effects.  And  the  major  part  of  the  commissioners  named  in, 
and  acting  under  the  said  commission,  have  duly  assigned  all  theestate  and 
effects  of  said  bankrupt  to  said  W.  W.  and  D.  J\l.  and  therefore  Plaintiffs 
are  advised,  that  they  are  entitled  to  prosecute  and  carry  on  the  said  suit 
and  proceedings  and  to  have  the  same  relief  against  the  said  W.  W.  and 
D.  M.  as  they  should  have  been  entitled  to  against  said  Defendant  I.  B. 
if  he  had  not  become  a  bankrupt. 


340  BILLS  OF  SLPPLEMExM   AND  KEVIVOK. 


Prayer. 

And  that  tlic  said  DelViidaiUs  W.  W.  and  V).  M.  as  well  as  Defendant 
B.  may  answer  the  matters  aforesaid,  and  that  the  Plaintiffs  may  have 
the  benefit  of  the  said  suit  and  proceedings  against  said  Defendants 
W.  W.  and  D.  M.  and  may  have  the  same  relief  against  them  as 
they  might  have  had  against  said  Defendant  B.  in  case  he  had  not 
become  a  bankrupt.     And  for  further  and  other  relief. 


Bill  of  Revivor  upon  the  Death  of  Plaintiff,  by  his  Ad- 
ministrator, the  Exfci'tors  vnder  his  Will  havirig 
renounced. 

Humbly  complaining,  shewelh  unto  your  I,onl>hi{),  your  Orator  J.  A. 
of,  &c.  that  J.  A.  late  of,  &:c.  but  now  deceased,  on  or  about 
exhibited  his  original  bill  of  complaint  in  this  honoral)lc  Court,  against 
G.  T.  W.  as  the  Defendant  thereto,  thereby  stating  such  several  matters 
and  things  as  are  therein  for  that  purpose  moreparlicularly  mentioned  and 
set  forth,  and  praying,  Ac.  And  your,  8:c.  that  ])roccss  duly  issued 
against  the  Defendant,  but  he  being  in  Ireland,  and  out  of  the  juris- 
diction of  this  honorable  Court,  he  neither  appeared,  nor  put  in  his 
answer  to  the  said  bill.  And  your  Orator  shcweth,  that  by  an  order, 
bearing  date  on  or  about   the  day  of  ,  npon 

the  said  J.  A  the  Plaintifi',  consenting,  I'v'c.    And  your  Orator  sheweth, 
that  process  was  sued  out  and  served  in  pursuance  of  such  order,  and 
that  the  said  Defendant  thereupon   appeared   and   put  in  his   answer  to 
the  said  bill  of  complaint.     And  your,  tVc.  that  on  or  about  the 
day  of  the  said  Defendant  caused  this  honorable   Court 

to  be  moved,  that  he  might  be  at  liberty  to  sue  out  execution  against 
the  said  complainant  in  the  aforesaid  action,  and  thereupon  the  I'laintifl" 
.1.  A.  consenting  by  his  codicil,  ilc.  And  your,  <Src.  that  in  pursuance  of 
the  said  order,  the  said  sum  oi  £  w?.s  by  the  time  therein  directed, 

paid  into  the  bank  with  the  privity  of  the  Accountant-General,  and  was 
afterwards  laid  out  by  him  in  the  purchase  oi  £  3  per  cent, 

consolidated  bank  annuities,  which  are  now  standing  in  the  name  of  tiie 
Accountant-Cieneral,  in  trust  in  this  cause,  together  with  a  sum  ol 
£  in  cash,  which  hath  arisen  from  the  dividends  thereof,  as  in  and 

by  the  said  original  bill,  &c.  And  your  Orator  sheweth,  that  some  pro- 
ceedings have  been  had  before  the  said  Master  to  whom  this  cause  stands 
referred,  but  no  general  re[)ort  hath  yet  been  made  in  the  said  cause  ;  and 
that  the  said  J.  A.  the  Plaintiff,  lately,  and  on  or  about,  &c.  departed 


RILLS   OF  SUPPLEMENT  AND  REVIVOR.  341 

tliis  life,  having  first  duly  inarle  anri  published  his  last  will  and  testament 
in  writing,  bearing  date,  &c,  and  a  codicil  thereto,  bearing  date,  &:c.  and 
thereby  appointed  M.  C.  and  W.  \V.  executors  thereof.  And  your  Ora- 
tor sheweth,  that  the  said  JM.  C.  and  W.  W.  have  renounced  llie  probate 
of  the  will  of  the  said  Plaintifi',  and  declined  to  act  in  the  trusts  thereof, 
and  that  your  Orator  hath  obtained  letters  of  administration  with  the  will 
annexed,  of  the  goods,  chattels,  right  and  credits  of  the  said  J.  A.  to  be 
granted  to  him  by  and  out  of  the  |)roper  Ecclesiastical  C'ourt,  and  hath 
thereby  become,  and  now  is  his  legal  personal  representative.  And 
your.  Arc.  that  the  said  suit  and  proceedings  having  become  abated  by  the 
death  of  the  said  J.  A.  your  Orator  is,  as  he  is  advised,  as  the  personal 
representative  of  the  said  J.  A.  entitled  to  have  the  said  suit  and  proceed- 
ings revived  against  the  said  Defendant  G.  T.  W.  and  the  said  accounts 
by  the  aforesaid  order,  directed,  prosecuted,  and  carried  on,  and  to  have 
the  said  cause  put  in  the  same  state  and  condition  as  the  same  was  in 
previous  to  the  death  of  the  said  J.  A. 

Prayer. 

To  the  end  therefore,  that  the  .said  Defendant  may  answer  the  premises, 
and  that  the  said  suit  and  proceedings  which  so  became  abated  as 
aforesaid,  may  stand  revived,  and  be  in  the  same  plight  and  condi- 
tion as  the  same  were  in  at  the  time  of  the  death  of  the  said  J.  A. 
or  that  the  said  Defendant  may  shew  good  cau.se  to  the  contrary. 
May  it  please,  &c. 

Pray  Subpoena  to  revive 
against  G,  T.  W. 


Bill  of  Reviver  upon  Death  of  a  Defendant. 

That  some  time  in  or  about  term  ,  L.  P.  now  deceased, 

exhibited  his  original  bill  of  complaint  into  this  honorable  Court,  against 
S.  N.  and  E.  his  wife,  &c.  &c.  stating,  as  therein  is  stated,  and  praying 
that  the,  &c. 

That  the  said  S.  N.  and  E.  his  wife,  being  duly  served  with  process, 
appeared  and  put  in  their  answers  to  the  said  bill,  but  before  any  further 
or  other  proceedings  were  had  in  the  said  cause,  the  said  L.  P.  departed 
this  \\ie.  intestate,  leaving  R.  P.  her  son  and  heir  at  law,  who  after  her 
decea.se  duly  administered  to  her,  and  thereby  became  her  legal  personal 
representative. 

That  the  said  suit  and  proceedings  having  become  abated  by  the  death 
of  tli'='  said  L.  P.  the  said  Plaintifi'  exhibited  his  bill  of  revivor  in  this 


342  BILLS  OF  SUPPLEMENT  AND  REVIVOR. 

honorable  Court,  praying  that  the  said  suit  and  proceedings  might  be 
revived  against  him,  and  by  an  order  of  the  Court  the  same  were  accord- 
ingly revived. 

That  all  the  said  Defendants,  together  with  Plaintiff  W.  H.  P.  having 
put  in  their  answers  to  the  said  bill,  the  same  came  on  to  be  heard 
before  his  Honor  the  late  xMaster  of  the  Rolls,  on  or  about,  &c.  when 
his  Honor  did  order  and  decree,  as  therein  is  particularly  stated,  and 
various  orders,  reports  and  other  proceedings  were  had  in  the  said 
cause. 

That  before  any  further  or  other  proceedings  were  had  in  the  said 
cause,  the  said  S.  N.  departed  this  life,  having  first  duly  made  and  pub- 
lished his  last  will  and  testament  in  writing,  dated,  &c.  and  thereof  ap- 
pointed his  wife  E.  N.  and  the  Defendant  T.  R.  executrix  and  executor 
thereof,  who  duly  proved  the  said  will  in  the  proper  Lcclesiastical  Court, 
and  took  upon  themselves  the  burthen  of  the  execution  thereof,  and  the 
said  E.  N.  hath  since  also  departed  this  life,  leaving  Defendant  T.  R. 
her  surviving,  and  who  is  now  the  sole  personal  representative  of  the  said 
S.  N.  and  as  such,  entitled  to  the  principal  sum  of  £  and  interest 

due  from  the  said  G,  H.  to  the  said  S.  N.  and  secured  by  way  of  mort- 
gage upon  his  the  said  G.  H.'s  share  of  the  said  estate  and  premises  in 
tlie  pleadings  mentioned,  for  a  term  of  years,  and    aid  suit  and 

proceedings  having  become  abated  by  the  death  of  the  said  S.  S.  Plain- 
tiff is  advised  that  he  is  entitled  to  have  the  same  revived  against  the  said 
T.  R.  as  his  surviving  executor. 

Prayer. 

Therefore,  that  the  said  suit  and  proceedings  which  became  so  abated 
by  the  death  of  the  said  S.  N.  may  stand  and  be  revived  against 
the  said  T.  R.  and  be  in  the  same  plight,  state  and  condition, 
as  the  same  were  in  at  the  time  of  the  abatement  thereof. 
And  that  Plaintiff  may  have  the  benefit  thereof,  or  that  the 
said  Defendant  T.  R.  may  shew  cause  why  the  said  suit  and  pro- 
ceedings should  not  be  so  revived,  and  that  the  same  may  be  re- 
vived accordingly. 


Bill  of  Revivor  upon  the  Marriage  of  Female   Plaintiff, 
stating  Exceptions  and  Amendments,  ^c. 

Humbly  complaining,  &c.  that  on  or  about,  Arc.  your  Oratrix  by  her 
then  name  of  E.  M.  exhibited  her  original  bill  of  complaint  in  this  honor- 
able Court,  which  was  amended  against  W.  Al.  as  Defendant  thereto, 


BILLS  OF  SUPPLEMENT  AND  REVIVOR.  343 

thereby  stating  such  several  matters  and  things  as  arc  therein  for  that  pur- 
pose more  particularly  mentioned  and  set  forth,  and  praying,  &'c.  And 
your,  &c.  that  the  said  several  Defendants  being  duly  served  with  process 
of  Svhpccnn,  severally  appeared,  and  put  in  their  answers  to  the  said  ori- 
ginal bill,  as  in  and  by,  &c.  And  your,  &c.  that  your  Oratrix  took 
several  exceptions  to  the  answer  put  in  by  the  said  Defendant  W.  M.  to 
the  said  original  bill,  and  which  said  exceptions  were  upon  agreement, 
allowed  by  the  Master,  to  whom  the  same  were  referred.  And  your,  &zc. 
that  your  Oratrix  afterwards  obtained  an  order  of  this  honorable  Court, 
to  amend  her  said  original  bill,  and  that  the  said  Defendant  W.  JNI.  might 
answer  the  said  amendments  at  the  same  time  that  he  answered  the  said 
exceptions.  And  your,  &c.  that  before  the  said  W.  M.  had  put  in  his 
answer  to  the  said  exceptions  or  any  further  proceedings  were  had  in  the 
said  suit,  and  on  or  about  the,  &c.  your  Oratrix  intermarried  with  your 
Orator  W.  M.  whereby  the  said  suit  and  proceedings  became  abated. 
And  your  Orator  and  Oratrix  are  advised  that  they  are  entitled  to  have 
the  same  revived,  and  to  be  put  in  the  same  plight  and  condition  as  the 
same  were  in  at  the  time  of  the  abatement  thereof. 

Prayer. 

To  the  end  therefore,  that  the  said  suit  and  proceedings  which  so  be- 
came abated  as  aforesaid,  may  stand  revived  and  be  in  the  same 
plight  and  condition  as  the  same  were  in  at  the  time  of  such  abate- 
ment.    May  it  please,  &c. 

J.  L. 


Bill  of  Revivor  against  Heir  at  Law  of  a  Mortgagor  en- 
titled  to  Equity  of  Redemption  against  real  Estates. 

Humbly,  &c.  that,  on  or  about,  &c.  the  said  filed  his  original 

bill  in  this  honorable  Court  against  ,  since  deceased,  as  Defendant 

thereto,  thereby  statingsuch  several  matters  and  things,  as  in  the  said  origi- 
nal bill  of  complaint,  are  for  that  purpose  more  parfitularly  mentioned  and 
set  forth,  and  praying,  &c.  And  your,  &:c.  that  the  said  T.  IL,  being 
duly  served  with  process,  appeared  to  the  said  original  bill,  and  put  in 
his  answer  thereto  ;  and  the  said  cause  being  at  issue,  the  same  came  on 
to  be  heard  before  his  Honor  the  Master  of  the  Rolls,  in  the  absence  of 
your  Lordship,  when  the  Court  was  pleased  to  order  and  decree,  &-c. 
And  your,  ^c.  that  before  any  further  proceedings  were  had  in  the  said 
suit,  and,  on  or  about,  &c.  departed  tliis  life,  having  first  duly  made 
and  published  his  last  will  and  testament,  in  writing,  bearing  date,  &C. 


344  LILLS  OF  3UPPLK.ME.NT  A.ND   REVIVOR. 

and  thereby  appointed  executrix  and  executors  of  his   said  will, 

and  having  afterwards  made  and   published  a  codicil  to  his  said   will, 
bearing  date,  Sec.  whereby  he  revoked  the  appointment  of  the  said 
to  be  ills  executors,  and  appointed  your  Orators  to  be  his  executors,  witii 
30ur  Oratrix,  in  the  place  and  stead  of  the  said  .  And  your 

Orators  and  Oratrix  duly  proved  the  said  will  and  codicil  in  the  Prero- 
gative Court  of  the  archbishop  of  C,  and  thereby  became  the  legal 
personal  representatives  of  the  said  .     And  your,  &c.  that 

the  said  suit  having  become  abated  by  the  death  of  the  said  ,  your 

Orators  and  Oratrix,  on  or  about,  &c.  filed  their  bill  of  revivor  in  this 
honorable  Court  against  the  said  ,  thereby  stating  to   the  effect 

aforesaid,  and  praying,  &c.  And  your,  &c.  that  the  said  suit  and  pro- 
ceedings were  accordingly  dul}-. revived  by  an  order  of  this  honorable 
Court,  bearing  date,  &c.  as  in  and  by,  &c.  And  your,  <Sjc.  that  some 
proceedings  have  been  had  by  the  said  Master  to  v/honi  this  cause  stands 
referred,  but  no  report  hath  yet  been  made  thereon  :  and  that,  on  or 
about  ,  the  said  late  Defendant  departed  tliis  life,  leaving 

liis  heir  at  law,  and  without  having  devised,  or  in  any  manner  disposed  ol 
the  equity  of  redemption  of  the  said  mortgaged  ;  remises.  And  youi-. 
Sec.  that  the  said  suit  having  become  abated  by  the  death  of  the  said  late 
Defendant,  your  Orators  and  Oratrix  are,  as  they  arc  advised,  as  such 
executors  and  executrix  as  aforesaid,  entitled  to  have  the  said  suit  and 
proceedings  revived  against  the  said  ,  as  the  heir  at  law  of  the 

said  ,  and   to  have  the  said   decree,  and  other  proceedings  had 

thereon,  prosecuted  and  carried  into  full  el'Oxt  against  t'le  said 
as  they  could  or  might  have  had  if  the  said  late  l>ef''nd;tni  had  h<Tti  stili 
living. 

Prayer. 

To  the  end  therefore  that  the  said  I'l'i}  shew  cause,  it  he  tan, 

why  the  said  suit  and  proceedings  therein  should  not  stand  and  be 
revived  against  him  as  such  heir  at  law  of  tlie  said  late  Defendant 
as  aforesaid,  and  be  in  same  plight  and  condition  as  the  same 
were  in  at  the  time  of  the  abatement  thereof;  and  that  the  said  suit 
and  proceedings  had  therein  may  stand  and  be  revived  accordingly. 
Miiy  it  please.  &c. 


BILLS  OF  SUPPLEMENT  AND  REVIVOR.  345 


111  the  Exchequer. 

Bill  of  Revivor  against  personal  Representative  of  a  De- 
fendant, who  died  bifore  putting  in  Answer  to  original 
Bill 

Humbly  complaining,  shewcth  unto  your  Honor?,  your  Orator  E.  B. 
of,  cS:c,  debtor,  &c.  that  in  or   about  vacation  your  Orator  ex- 

liibited  liis  original  bill  of  complaint  in  this  honorable  Court  against,  &;c. 
and  that  the  said  Defendants  then,  and  for  some  tinie  previous  thereto,  were 
occupiers  of  lands  therein,  and  had  had  various  titheable  matters  growing, 
arising,  and  produced  on  their  said  lands  which  they  had  subtracted  and 
withheld  from  your  Orator,  and  thereby  praying,  &c.  as  in  and  by,  &c. 
And  your  Orator,  &c.  that  all  the  said  Defendants  appeared  to  the  said 
bill  of  complaint,  and  that  tlie  said  J.  13.  and  W.  II.  appeared  and  put 
in  their  answers  thereto,  but  that  the  said  T.  F.  had  departed  this  life 
intestate,  on  or  about  the  before  any  further  proceedings  were 

had  in  the  said  cause,  without  having  put  in  any  answer  to  the  said  bill 
of  complaint,  whereupon  the  said  suit  and  proceedings  became  abated 
as  to  him.     And  your,  &c.  that  J.  F.,  of  ,  the  father  of  the  said 

T.  F.  hath  procured  letters  of  administration  of  the  personal  estate  and 
eflects  of  the  said  T.  F.  to  be  granted  to  him  by  the  proper  Ecclesiastical 
Court,  and  hath  possessed  the  personal  estate  and  effects  of  the  said  T.  F. 
to  a  considerable  amount,  and  sufficient  to  pay  the  debts  and  funeral  ex- 
penses of  the  said  T.  F.,  and  is  thereby  become,  and  now  is,  his  legal 
personal  representative  ;  and  your  Orator  is  advised  he  is  entitled  to  have 
the  said  suit  revived  against  the  said  J.  F.,  and  that  the  same  be  in  the 
same  plight  and  condition  as  it  was  at  the  time  of  the  abatement  theieof 
by  the  death  of  the  said  T.  F.,  and  that  the  said  J.  F.  ought  to  answer 
the  said  original  bill  of  complaint,  and  ought  either  to  admit  assets  of 
the  said  T.  F.  sutiScient  to  satisfy  your  Orator's  demands  claimed  by  the 
said  original  bill,  or  to  discover  and  account  for  his  personal  estate,  as 
is  usual  in  such  cases. 

Inquiry. 

To  the  end  therefore  that  the  said  suit  and  proceedings  may  stand  and 
be  revived,  and  be  in  the  same  plight  and  coulition  as  the  same  was  at 
the  time  of  the  said  abatement  thereof;  and  that  the  said  J.  F.  may, 
upon  his  oath,  and  according  to  the  best  of  his  knowledge,  remem- 
brance, information,  and  belief,  full,  true,  and  perfect  answer  make,  to 
all  and  singular  the  matters  and  things  in  the  said  original  bill  stated, 
and  that  he  may  either  admit  assets  of  the  said  T.  F.  possessed  by  him 

45 


^46  BILLS  OF  blPl'LLMtM   A^D  REVIVOK. 

sufficient  to  answer  anil  satisfy  the  demands  of  your  Orator,  or  that  he 
may,  in  manner  aforesaid,  answer  and  set  t'orth  a  lull,  true,  and  just  ac- 
count of  all  and  singular  the  personal  estate  and  eflects  which  the  said 
Testator  was  possessed  of,  interested  in,  or  entitled  to  at  the  time  of  his 
death,  and  all  the  particulars  whereof  the  same  cojisisted,  the  natures, 
kind,  quantities,  qualities,  full,  true,  and  utmost  value  of  all  and  sin- 
gular such  particulars,  and  whether  all,  or  some,  and  which  of  such  par- 
ticulars have  not,  and  when,  been  possessed  by  the  said  Defendant,  or  by 
any  person  or  persons,  by  his  order  or  for  his  use,  and  how  and  in  what 
manner,  and  when,  ancl  where,  and  by  whom  and  to  whom,  and  for 
how  much  the  same,  and  each  and  every  part  and  parts  thereof  have  or 
hath  not  been  sold  and  disposed  of,  and  whether  any,  and  what  part  or 
parts  thereof,  an-d  to  what  vah.e  and  amount  now  ren)ain  undisposed  of. 

Prayer. 

And  that  the  said  suit  and  proceedings,  so  abated  as  aforesaid,  maybe 
revived  and  be  in  thesarae'j^light  and  condition  as  the  same  were  at 
the  time  of  the  abatement  thereof,  or  that  the  said  Defendant  J.  F. 
may  shew  good  cause  to  the  contrary ;  and  that  your  Omtor  may 
have  the  benefit  of  the  said  suit,  and  may  have  the  same  relief 
against  the  said  Defendant,  as  is  prayed  by  the  original  bill  of 
complaint ;  and  that  if  the  said  Defendant  doth  not  admit  assets  of 
the  said  T.  F.  possessed  by  him  sufficient  to  answer  the  said  de- 
mands of  your  Orator  against  the  estate  of  the  said  T.  F.  ;  that  an 
account  may  be  taken  of  the  personal  estate  and  eflects  of  the 
said  T.  F.,  which  have  been  possessed,  got  in,  or  received  by 
the  said  Defendant,  or  by  his  order,  or  for  his  use,  or  which, 
without  his  wilful  default,  might  have  been  received,  and  that  the 
same  may  be  applied  in  discharge  of  such  sum  of  money  as  may 
appear  to  be  due  and  owing  to  your  Orator  iVom  the  estate  of  the 
said  T.  F.,  in  respect  of  the  matters  in  the  said  bill  of  complaint 
mentioned.     May  it  pkase,  &c. 


BUI  of  Supplement,  in   the  jVaturc  of  a  Bill  of  Revivor, 

Humbly  complaining,  shew  unto  ymir  Lordship,  your  Orators  and 
Oratrix,  T.  L,  executors  and  executrix,  and  trustees  named  and  ap[)ointed 
in  and  by  liie  last  will  and  testament,  and  codicil  thereto,  of  J.  H.  latewf, 
&c.  e5q.  thai  on  or  about  the,  ■S^c.  said  J,  11.  filed  his  original  bill  of 
complaint  in  this  honorable  Court  against,  <fec.  as  Defendant  thereto, 
thereby  stating  such  several  matters  and  things,  as  in  the  said  originsJ 
bill  of  complaint  are  for  that  purpose  more  particularly  mentioned  and 


BILLS  OF  SUPPLEMENT  AND  REVIVOR.  347 

>iet  forth  and  praying,  &c.  And  your,  tVc.  tliat  the  said  T.  H.  being 
duly  served  with  process,  appeared  to  the  said  original  bill,  and  put  in 
his  answer  tliereto,  and  the  said  cause  being  at  issue,  the  same  came  on 
to  be  heard  before  his  Honor  the  Master  of  the  Rolls,  in  tlic  absence  of 
the  then  Lord  High  Ciiancellor,  when  the  Court  was  pleased  to  order  and 
decree  {set  forth  decree.)  And  your,  &c.  that  before  any  further  proceed- 
ings were  had  in  the  said  suit,  and  on  or  about  the  day  of  the  said 
J.  II.  departed  this  life,  having  first  duly  made  and  published  his  last  will 
and  testament  in  writing,  bearing  date  on  or  about  the,  &c.  and  thereby 
appointed  your  Oratrix  and  sir  S.  L.  and  J.  G.  C.  executrix  and  execu- 
tors of  his  said  will,  and  having  afterwards  made  and  published  a  codicil 
to  his  said  will,  bearing  date  on  or  about,  &c.  whereby  he  revoked  the 
appointment  of  the  said  sir  S.  L.  and  J.  G.  C.  to  be  his  executors,  and 
appointed  your  Orators  to  be  the  executors  of  his  said  last  will  and  testa- 
ment, with  your  Oratrix,  in  the  place  and  stead  of  the  said  sir  S.  L. 
and  J.  G.  C,  and  your  Orators  and  Oratrix  duly  proved  the  said  w  ill  and 
codicil  in  the  prerogative  Court  of  the  archbishop  of  C.  and  thereby  be- 
came the  legal  personal  representatives  of  the  said  J.  H.  And  your,  &c. 
that  the  said  suit,  having  become  abated  by  the  death  of  the  said  J.  H. 
your  Orators  and  Oratrix,  on  or  about,  &:c.  tiled  their  bill  of  revivor  in 
this  honorable  Court  against  the  said  J.  H.  thereby  stating  to  the  effect 
aforesaid  and  praying,  &c.  And  your  Orators  and  Oratrix  shew,  that  the 
said  suit  and  proceedings  were  accordingly  duly  revived,  as  in  and  by, 
&c.  And  your,  &c.  that  some  proceedings  have  been  had  before  the 
Master,  to  whom  this  cause  stands  referred,  but  that  no  report  hath  yet 
been  made  thereon,  and  that  on  or  about,  &c.  the  said  late  Defendant 
J.  H.  departed  this  life,  leaving  W,  H.  of,  &c.  one  of  the  tiefendants 
hereto,  his  heir  at  law.  But  your  Orators  and  Oratrix  shew  that  R.  L. 
of,  &c.  that  B.  J.  of,  &:c.  two  other  of  the  Defendants,  hereto  allege, 
that  under  and  by  virtue  of  the  last  will  and  testament  of  the  said  J,  H. 
they  the  said  last  named  Defendants  are  entitled  to  the  equity  of  redemp- 
tion of  the  said  mortgaged  premises.  And  your,  &c.  that  the  said  suit, 
having  become  abated  by  the  death  of  the  said  late  Defendant  J.  H.  your 
Orators  and  Oratrix  are,  as  they  are  advised,  entitled  to  revive  the  said 
suit  and  proceedings,  in  case  it  shall  appear  that  the  equity  of  redemption 
of  the  said  mortgaged  premises  hath  descended  to  him,  or  otherwise  to 
have  the  benefit  of  the  said  suit  and  proceedings  against  the  said  R.  L. 
and  B.  J.  if  it  shall  appear  that  they  are  such  devisees  as  aforesaid  5  to 
the  end,  therefore,  that  the  said  W.  II.  R.  L.  and  B.  J.  may,  upon  their 
several  and  respective  corporal  oaths,  and  according  to  their  several  and 
respective  knowledge,  remembrance,  information,  and  belief,  full,  true, 
and  perfect  answer  make  to  all  and  singular  the  matters  and  things  afore- 
said, and  that  as  fully  and  particularly  as  if  the  sume  weie  here  repeated, 


348       BILLS  OF  SUPPLEMENT  AND  REVIVOR. 

and  they  thereunto  distinctly  interrogated.  And  that  in  case  it  shall  appear 
that  the  equity  of  redemption  of  the  said  mortgaged  premises  descended 
upon  the  death  of  the  said  T.  H.  to  the  said  W.  H.  then  that  the  said 
suit  and  proceedings  therein  may  stand  and  be  revived  against  the  said 
W.  II.  and  be  in  the  same  plight  and  condition  as  the  same  were  in  at 
the  time  of  the  abatement  thereof.  But  in  case  it  shall  appear  that  the 
said  equity  of  redemption  was  devised  to  the  said  R.  L.  and  B.  J.  then 
that  the  said  decree,  made  on  the  hearinti  of  tiiis  cause,  may  be  prosecuted 
and  carried  into  kdl  effect  against  tlicin  the  said  R.  L.  and  B.  J.  in  the 
same  manner  as  the  same  might  have  been  prosecuted  against  the  said 
late  Defendant,  T.  II.  and  tliat  all  necessary  directions  may  be  given  for 
efiectuating  the  several  matters  aforesaid.     May  it  please,  &:c. 

J.  L. 


Bill  of  Revivor  and  Supplement,  upon  the  Death  of  one 
Plaintiff,  and  upon  a  Defendant  becoming  a  Bankrupt. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Oratrixes  ?nd 
Orators,  S.  P.  of,  &c.  E.  U.  of,  Szc.  R.  A.  of,  &c.  and  G.  T.  W.  and  A. 
his  wife,  that  on  or  about  the  day  of  ,  your  Oratrixes  and  Orators, 
together  wilh  J.  A.  the  elder,  gentleman,  since  deceased,  exhibited  their 
original  bill  of  complaint  in  this  honorable  Court,  against  J.  A.  of,  &c. 
S.  A.  of,  &c.  J.  K.  of,  tic.  &c.  three  of  the  Delendants  hereinafter  named, 
thereby  stating  such  matters  and  things  as  are  therein  for  that  purpose  more 
particularly  mentioned  and  set  forth,  and  praying  that,  &c.  And  your,  &c. 
that  all  the  said  Defendants,  being  duly  served  with  process,  appeared  to 
the  said  bill,  but  that  only  the  Defendants,  S.  A.J.  R.  and  J.  K.  have  put 
in  their  answers  thereto.  And  your.  Sec.  that  by  an  order,  bearing  date, 
&c.  it  was  ordered,  &c.  that  Defendants  should  pay  into  the  bank  the 
money  admitted  by  their  answer  to  be  due ;  as  in  and  by  the  said  bill, 
answer  and  proceedings,  now  remaining  as  of  record  in  this  honorable 
Court,  &c.  And  your,  &c.  by  way  of  supplement,  that  in  or  about, 
&c.  a  commission  cvf  bankru|)t,  under  the  great  seal  of  Great  Britain,  was 
duly  awarded  and  issued  against  the  said  Defendant  J.  A.  the  younger, 
and  that  the  said  Defendant  was  thereu|jon  duly  found  and  declared  a 
bankrupt,  and  the  usual  assignment  of  his  ])ersonal  estate  and  effects, 
and  a  bargain  and  sale  of  his  real  estate  was  made  and  executed  to  the 
paid  complainant  J.  A.  the  elder,  and  R.  B.  of,  &c.  another  D€;fendant 
hereto,  who  were  duly  chosen  assignees  by  the  creditors  for  that  purpose, 
as  in  and  by,  6»jc.  And  your,  &c.  that  on,  &c.  the  said  comjilainant 
J.  A.  departed  this  life,  leavii-g  the  said  Defendant  J.  A.  the  younger, 
his  heir  at  law,  and  having  first  duly  made  and  published  his  last  will  and 


BILLS  OF  SUPPLRMEiNT  AND  RKVIVOR!  349 

lostanient  in  writing,  bearing,  &-c.  a^nd  tlierehy  appointed  M.  C.  and 
W.  VV.  the  executors  thereof,  and  the  said  M.  C.  and  W.  W.  having  re- 
nounced the  probate  of  the  said  will,  letters  of  administration,  with  the 
said  will  annexed,  bearing  date,  ^c.  have  been  granted  by  the  proper 
Ecclesiastical  Court  to  the  said  Defendant  J.  A.  the  younger,  who  hath 
thereby  become  and  now  is  the  personal  representative  of  the  said  com- 
plainant, J.  A.  And  your,  &c.  that  the  said  Defendant  R.  B.  as  the 
surviving  assignee  of  the  said  Defendant  J.  A.  the  younger,  under  the 
commission  of  bankrupt  awarded  against  him  as  aforesaid,  claims  to  be 
entitled  to  all  right  and  interest  of  the  said  Defendant  J.  A.  the  younger, 
under  the  will  of  the  said  Testator  K.  A.  and  that  the  said  suit  and  pro- 
ceedings having  become  abated  b}'  the  death  of  the  said  complainant 
J.  A.  your  Oratrixes  &c.  are  advised  that  they  are  entitled  to  have  the 
same  revived  against  the  said  Defendant  J.  A.  they  young<M-,  as  the  per- 
sonal representative  of  the  said  complainant  J.  A.  and  to  prosecute  the 
same  against  the  said  R.  B.  as  the  surviving  assignee  of  the  said  Defen- 
dant J.  A.  the  younger. 

Prayer. 

To  the  end,  therefore,  that  the  said  suit  and  proceedings,  which  so 
became  abated  as  aforesaid,  may  stand  revived,  and  be  in  the  same 
plight  and  condition  as  the  same  were  in  at  the  time  of  such  abate- 
ment, and  that  your  Orators  may  have  the  benelit  of  the  said  suit 
and  proceedings  against  the  said  R.  B.  as  the  assignee  of  J.  A.  the 
younger.     And  for  further  relief,  &c. 

J.  L. 


Bill  of  Revivor  and  Supplement,  for  the  Purpose  of  prose^-. 
cuiing  Decree  for  an  Appointment  of  Receiver  and  for 
various  Accounts. 

States,  that  the  Plaintifl',  in  or  about  term  ,  by  S.  II. 

esq.  his  next  friend,  exhibited  his  orignal  bill  of  complaint  in  this  ho- 
norable Court  against,  &c.  therein  stating  the  will  of  the  said  Testator 
G.  B.  so  far  as,  &c.  thereby  praying  that,  &c.  And  your  Orator  fur- 
ther sheweth,  by  way  of  supplement,  that  the  said  first  named  Testator, 
by  his  last  will  and  testament,  stated  in  the  said  PlaintifiC's  said  original 
bill ;  also  amongst  other  things,  as  to  all  other  his  leasehold  messuages, 
&c.  he  gave,  &c.  {state  necessary  part.)  And  by  a  codicil  to  his  said 
will,  bearing  even  date  therewith,  the  Testator  revoked  the  bequest  of 
his  leasehold  house  in,  8^c.  which  by  his  said  will,  he  had  given.  iKc.  and 
directed,  ^'c. 


350  BILLS  OF  SUPPLEMENT  AND  REVIVOR. 

That  the  said  Testator,  G.  B.  the  elder,  departed  this  life  soon  after 
making  and  publishing  liis  said  last  will  and  codicil  thereto,  without  re- 
voking or  altering  tlie  same,  or  either  of  them,  save  as  the  said  will  is 
altered  by  the  said  codicil,  and  that  upon,  or  soon  after  the  said  Testa- 
tor's decease,  the  said  G.  B.  the  younger,  and  S.  II.  two  of  the  execu- 
tors, only  proved  the  said  will  and  codicil  in  the  Prerogative  Court  of 
the  archbishop  of  C.  and  took  upon  themselves  the  execution  thereof. 

That  the  said  Testator,  G.  B.  the  elder,  was  at  the  time  of  his  de- 
cease, possessed  of,  interested  In,  and  entitled  unto  a  very  large  and  con- 
siderable personal  estate,  consisting  of,  Szc.  and  other  eflects,  to  a  consi- 
derable amount  or  value  in  the  whole ;  and  that  the  said  T.  H.  having 
left  the  whole  management  of  the  said  Testator's  affairs  to  the  said  G.  B. 
the  younger,  his  said  co-executor,  the  said  G.  B.  the  younger,  under  and 
by  virtue  of  the  said  will  and  codicil,  and  the  probate  thereof,  possessed, 
got  in,  and  received  all  or  the  greatest  part  of  the  said  Testator's  debts 
and  monies,  outstanding,  due,  and  owing  to  him  at  the  time  of  his  de- 
cease, and  sold  and  disposed  of  all  his  stock  and  other  effects,  and  re- 
ceived the  monies  arising  thereby,  and  thereout  paid  and  discharged  all 
and  singular  the  said  Testator's  funeral  expenses,  debts,  and  legacies  ; 
and  he  the  said  G.  B.  the  younger  also,  from  time  to  time,  received 
the  rents  and  profits  of  the  said  leasehold  estates  and  premises,  and  the 
interest  and  dividends  of  iiis  personal  estate,  out  at  interest,  and  applied 
one  moiety  thereof  to  his  own  use,  and  the  other  moiety  thereof  he  laid 
out  in  the  funds,  at  interest,  in  the  joint  names  of  himself  and  the  said 
R.  B.  for  the  benefit  of  Plaintiff,  and  there  now  remains  standing  in  the 
joint  names  of,  Sec.  on  that  account,  the  sums  of  £  4  percent. 

Bank  Annuities,  and  £  ,  new  S.  S.  A. 

That  at  the  time  of  the  decease  of  the  said  G.  B.  the  younger,  there 
was  also  a  considerable  sum  of  money  coming  due  and  owing  from  him 
in  respect  of  what  he  had  received  on  account  of  the  rents  and  profits  of 
the  estates  devised  by  the  said  will,  in  trust  for  the  benefit  of  Plaintifl',  as 
the  receiver  appointed  thereof,  in  manner  aforesaid ;  as  also  on  account 
of  the  rents  and  profits  received  before  he  was  appointed  receiver. 

That  the  said  G.  B.  the  younger  died,  leaving  the  said  S.  H.  his  co- 
executor,  surviving,  who  thereupon  became,  and  is  the  surviving  legal 
personal  representative  of  the  said  Testator,  G.  B.  the  elder;  and  he,  the 
said  S.  II.  together  with  the  said  G.  R.  are  the  surviving  trustees  of  the 
said  Testator's  residuary  personal  estate,  upon  the  trusts  aforesaid. 

That  tiie  said  G.  B.  the  younger,  in  his  life-time,  duly  made  and 
published  his  last  will  and  testament  in  writing,  bearing  date,  &c.  and 
thereby  appointed  his  wife  Z.  A.  B.  the  said  S.  H.  and  G.  R.  and  T.  D. 
executrix  and  executors  of  his  said  will,  and  that  the  said  S.  II.  G.  R. 
an  J   T.   I),  have,  since  the  death  of  the  said  G.  B.  the  younger,   duly 


BILLS   OF  SUPPLCMENT  AND  REVIVOR.  351 

proved  his  said  wiU  in  llie  proper  Ecclesiastical  Court,  and  taken  upon 
themselves  the  execution  thereof,  and  thereby  became,  and  are  the  legal 
personal  representatives  of  the  said  Testator,  G.  B.  the  younger. 

That  the  said  Testator  G.  I>.  the  younger,  died  possessed  of,  interested 
in,  and  entitled  unto,  a  very  considerable  personal  estate,  and  that  they 
his  said  executors,  or  some  or  one  of  them,  or  some  person  or  persons 
by  their,  or  some  or  one  of  their  order,  or  for  their,  or  some  or  one  of 
their  use,  have  or  hath  possessed,  got  in,  and  received  the  same,  to  a 
very  large  amount,  and  more  than  sufficient  to  pay  and  discharge  all  his 
funeral  expenses,  &c.  and  particularly  to  answer  ai>d  satisfy  the  demands 
of  Plaintiff  thereon,  in  respect  of  the  matters  aforesaid  ;  and  no  account 
hath  as  yet  been  rendered  or  taken  of  the  said  Testator  G.  B.  the  elder's 
residuary  personal  estate,  a  moiety  whereof  belongs  to  the  Plaintiff,  and 
a  very  considerable  sum  of  money  now  remains  due  to  the  Plaintiff  from 
the  estate  of  the  said  G.  B.  the  elder,  in  respect  thereof,  and  so  much 
thereof  as  hath  been  possessed  or  received  by  the  said  G.  B.  the  younger, 
ought  to  be  ascertained  and  paid  out  of  the  assets  of  the  said  G.  B.  the 
younger,  possessed  and  received  by  his  said  executors  as  aforesaid,  as 
also  what  is  due  from  him  in  respect  of  the  rents  and  profits  as  afore- 
said. 

That  the  residuary  personal  estate  of  the  said  G.  B.  the  elder,  yet  re- 
maining unaccounted  for  on  account,  ought  now  to  be  taken,  and  of  the 
application  and  disposition  thereof,  and  that  the  clear  residue  thereof 
ought  to  be  ascertained,  and  one  moiety  thereof  set  apart  and  appropri- 
ated for  the  use  and  benefit  of  the  Plaintiff,  under  and  by  virtue  of  the 
said  will  of  the  said  Testator  G.  B.  the  elder ;  and  that  an  account 
ought  also  to  be  taken  of  the  rents  and  profits  of  the  said  real  estates 
belonging  to  the  Plaintiff,  possessed  or  received  by  the  said  G.  B.  the 
younger,  in  his  Ufe-time  as  aforesaid. 

That  Plaintiff  is  also,  as  he  is  advised,  entitled  to  have  the  suit  and 
proceedings,  which  so  became  abated  as  aforesaid,  revived,  and  to  have 
the  same  benefit  thereof  against  the  said  Defendants,  the  personal  repre- 
sentatives of  the  said  G.  B.  the  younger,  as  Plaintiff  could  or  might 
have  had  against  the  said  G.  B.  the  younger  had  he  been  living.  And 
that  Plaintiff  is  entitled  to  prosecute  the  decree  made  in  the  said  cause, 
and  that  some  proper  person  ought  to  be  appointed  by  this  honorable 
Court  to  be  a  receiver  of  the  rents  and  profits  of  the  aforesaid  devised 
real  estates,  in  the  place  and  stead  of  the  said  G.  B.  the  younger,  de- 
ceased, with  the  usual  and  necessary  directions  in  that  behalf.  AH  which. 
&c.     To  the  end,  &c. 


352  BILLS  OF  SUPPLKMENT  AND   RRVIVOK. 


Prayer. 

That  the  said  suit  and  proceedings  which  so  became  abated  as  afore- 
said, may  stand  revived  and  be  in  tlie  same  plight  and  condition  as 
the  same  were  in  at  the  time  of  tlie  death  of  the  said  G,  B.  the 
younger,  and  that  Flaintifl'  may  have  the  same  benefit  thereof  against 
the  said  Defendants  S.  11.,  &c.  &r.  as  he  could  or  might  have  had 
against  the  said  G.  B.  the  younger,  had  he  been  living.  And  that 
the  said  decree  made  on  the  hearing  of  the  said  cause,  may  be  di- 
rected to  bo  prosecuted  and  carried  into  full  efl'ect,  and  that  some 
proper  person  may  be  appointed  receiver  of  the  rents  and  profits 
of  the  aforesaid  devised  real  estates,  with  the  necessary  and  usual 
directions  in  that  behalf,  in  the  place  and  stead  of  the  said  G.  P.. 
the  younger,  deceased.  And  that  an  account  may  be  decreed  to  be 
taken  of  the  personal  estate  and  effects  of  the  said  G.  B.  the  elder, 
deceased,  possessed  or  received  by  the  several  Defendants  S.  II.. 
&c.  or  any  or  either  of  them,  or  by  the  said  G.  B.  the  younger, 
deceased,  in  his  life-time,  or  by  any  other  person  or  persons  by 
their,  or  any  or  either  of  their,  or  for  their,  or  any  or  either  of  their 
use,  on  account,  and  of  the  application  and  disposition  thereof.  And 
that  a  proper  person  may  be  appointed  receiver  of  the  rents  and 
profits  of  the  leasehold  estates  of  the  said  G.  B.  the  cider,  and  to 
collect  and  get  in  his  personal  estate  outstanding,  with  the  usual  and 
necessary  directions  in  that  behalf.  And  that  an  account  maybe 
also  taken  of  the  funeral  expenses,  debts,  and  legacies  of  the  said 
G.  B.  the  elder,  and  that  the  same,  if  any  remains  unpaid,  may  be 
paid  and  discharged  in  a  due  course  of  administration,  and  that  the 
clear  residue  or  sur{)lus  of  the  personal  estate  of  the  said  Testator 
G.  B.  the  elder  may  be  ascertained,  and  that  one  full  moiety  thereof 
may  be  set  apart  and  appropriated  for  the  use  and  benefit  of  Plain- 
tiff, and  may  be  ordered  to  be  paid  into  Court,  anil  to  be  preserved 
and  iniproved  for  his  use  and  benefit  during  his  minority.  And  that 
an  account  may  be  decreed  to  be  taken  of  what  was  received  and 
appropriated,  or  set  apart  and  laid  out  in  the  purchase  of  funds  by 
ihe  said  G.  B.  the  younger,  either  on  account  of,  or  from,  or  in 
respect  of  the  Plaintift''s  part  or  share  of  and  iu  the  residuary  per- 
sonal estate  of  the  said  Testator  G.  C.  the  elder,  or  on  account  of, 
or  from  the  rents  and  profits  of  the  Plaintifi^'s  said  real  estates.  And 
that  an  account  may  be  taken  of  the  rents  and  profits  of  the  Plain- 
uii'i  said  estates  possesssed  or  received  by  the  said  G.  B.  the 
younger  in  his  life-time,  or  by  any  one  by  his  order,  or  lor  his  use, 
and  that  the  said  .■vtocks  or  fundi  so  purchased  with   the  Plaintifl's 


BILLS  OF  SUPPLEMENT  AND  REVIVOR.  353 

money  may  be  ordered  to  be  transferred  into  the  name  of  the  Ac- 
coHntant-General  of  this  Court,  in  trust  for  the  Plaintiff.  And  that 
the  said  Defendants,  the  personal  representatives  of  the  said  Tes- 
tator G,  B.  the  younger,  may  be  decreed  to  account  for  and  pay,  to 
or  for  the  use  of  the  Plaintiffs,  what  shall  appear  to  have  been 
coming  due  to  him  from  the  estate  of  the  said  G.  B.  the  younger 
at  the  time  of  his  decease,  and  that  they  may  either  admit  assets  of 
the  said  Testator  G.  B.  the  younger,  come  to  their  hands,  sufficient 
to  answer  and  satisfy  such  the  aforesaid  demands  of  the  Plaintiff 
therein,  or  that  they  may  be  decreed  to  account  for  the  personal 
estate  and  effects  of  the  said  G.  B.  the  younger  deceased,  and  for 
the  application  and  disposition  thereof  in  the  usual  manner.  And 
that  all  proper  and  necessary  directions  may  be  given  for  effecting 
the  several  matters  aforesaid.     And  for  general  relief. 


46 


354 


br.tT.    11. CROSS   BIl.!.. 


A  CUOSS  BILL  is  a  bill  l)rouglit  \>y  tlie  Defendant 
against  tlie  Plaintiff  in  a  f()iir.(>r  bill  depending,  touching 
the  matter  of  such  bill,  or  the  facts  set  forth  in  the  Defend- 
ant's answer  to  the  Plaintlll's  oriirinal  bill. 


t> 


A  cross  bill  should  state  the  original  bill  and  proceed- 
ings thereon,  and  the  rights  of  the  party  exliibitiug  the  bill, 
which  arc  necessary  to  be  made  the  subject  of  cross  litiga- 
tion, or  the  ground  on  which  he  resists  the  claim  of  the 
Plaintiff  hi  the  original  bill,  if  that  is  the  object  of  the  new 
bill.  But  a  cross  bill  b(  in^;  generally  considered  as  a  de- 
fence, or  as  a  proceeding  to  procure  a  comi)!ete  determina- 
tion of  a  matter  already  in  litigation  in  the  court,  the  Plain- 
tiff is  not,  at  least  as  against  the  Plaintiff  in  the  oriiiinal 
bill,  obliged  to  shew  any  ground  of  equity  to  support  the 
juri^jdiction  of  the  court.     Han (son''s  Chanff.rij,   ol,  83. 


CROSS  Bii.r..  355 

A  Cross  Bill  where  a  Person  is  sued  to  account ,  exhibited 
bij  the  Defendant  against  the  Complainants,  to  produce 
Papers,  and  discover  who  hath  acted  in  an  Executor- 
ship. 

Humbly,  &:c.  sliewetli,  &c.  your  Orator,  A.  B.  o)',  &c.  tlmt  C.  1). 
late  of.  &c.  was  in  liis  lile-time  sei.«cd  and  possessed  of  a  very  consider- 
ab''  ■  estate,  both  real  and  personal,  and  being  so  seised  and  possessed,  did, 
about  make  his  last  will  and  testament  in  writing,  and  thereby 

devised  and  bequeathed  unto  three  of  his  children,  viz.  P.  D.,  .1.  D.,  and 
T.  D.,  several  legacies  and  bequests,  and  also  to  his  daughter  E.  D.  the 
sum  of,  Scc.  and  did  also  by  the  said  will  appoint,  that  whereas  he  was 
possessed  of  several  houses  in,  &c.  by  lease,  which  were  burnt  down  in 
the  dreadlul  fire  which  happened,  &c.  Thai  his  executors  tliereinafter 
named  should  rebuild  the  same,  and  the  profits  thereby  afterwards 
arising  to  be  equally  divided,  to  and  amongst  his  said  three  children, 
and  the  >urvivors  of  them,  share  and  share  alike;  and  did  further  direct, 
thai  whereas  he  had  £  in  the  East  India  Company's  stock,  that 

the  same  should  not  be  taken  out  by  his  executors  for  years 

after  his  decease  ;  and  in  and  by  the  said  will  he  did  desire,  that  his  ex- 
ecutors should,  &c.  as  by  the  said  last  will  of  the  said  C.  D.  had  your 
Orator  the  same  to  produce,  more  fully  would  appear.  And  afterwards, 
about,  &c.  the  said  C.  D.  d'ed,  possessed  of  a  great  personal  estate, 
consisting  in  ready  money,  and  monies  out  upon  securities;  and  your 
Orator  further  sheweth  unto  your  Lordship,  that  afterwards  your  Orator 
and  the  said  E.  F.  and  P.  D.  proved  the  said  will,  but  your  Orator  never 
possessed  himself  of  any  of  the  personal  estate  of  tlie  said  C.  D..  other 
than  the  lease  of  the  houses  in,  <5Lc.  which  he  rebuilt,  and  received  the 
rents,  issues,  and  profits  of  the  same,  great  part  of  which  he  expended 
in  maintaining  and  educating  the  children  of  liie  said  Testator,  and  other 
part  thereof  in  building  and  repairing  the  said  houses,  and  other  monies 
he  paid  to  the  said  P.  D.,  to  be  employed,  &c. ;  and  your  Orator  did 
not  any  further  act  in  the  said  executorship  than  as  aforesaid.  And  your 
Orator  further  sheweth  unto  your  Lordship,  that  the  said  P.  D.  at  his 
father's  death,  being  about  years  old,  and  of  sufficient  discretion 

to  manage  the  said  estate,  your  Orator,  with  the  said  other  executor  E.  ¥. 
was  content,  and  were  both  very  willing  that  the  said  P.  D.  should  be 
the  principal  acting  executor  of  the  said  will,  to  the  intent  he  nuc;lit  be 
the  better  instructed  in  the  management  of  the  said  estate,  and  make  the 
best  improvement  thereof  for  the  benefit  of  himself  and  iiis  other  bro- 
thers and  sisters  which  so  nearly  concerned  him  ;  and  this  they  did  the 
rather,   for  that  they  looked  on  the  said  P.  D.  to  be   very  carofiil  ^nd 


356 


CROSS    BILL. 


trusty,  and  it  might  be  as  well  an  ease  to  them,  as  also  a  good  employ- 
ment for  the  said  P.  D.  who  had  little  or  no  "other  employment  of  his 
time  ;  and  be.>ides,  your  Orator  being  very  aged  and  infirm,  was  unable  to 
meddle  in  the  said  executorship,  nbr  did  he  meddle  therein  otherwise 
than  aforesaid,  by  means  whereof  the  said  P.  D.  did  altogether  act  in  the 
said  executorship,  by  receiving  and  paying  all  sums  of,  money  that  any 
ways  concerned  or  related  to  the  said  executorship,  save  only  as  to  the 
said  houses  in,  &;c.  which  by  reason  of  tiie  nearness  thereof  to  your 
Orator's  habitation,  who  then  lived  and  still  lives  in  one  of  them,  he  was 
willing  to  undertake  the  management  of  tluni  as  aforesaid.  And  your 
Orator  further  sheweth  unto  youi-  Lordship,  that  according  to  the  direc- 
tions of  the  said  will,  he  did  several  times  make  up  his  accounts  in  writ- 
ing, and  dc'Ii\cr  them  to  his  executors  of  the  said  will,  all  which  accounts 
so  delivered  in  by  3'our  Orator  as  aforesaid,  were  true  and  just  accounts 
of  all  the  actings  and  dealings,  and  of  all  the  receipts  and  payments 
about  or  in  relation  to  the  personal  and  other  estate  of  the  said  C.  D., 
as  by  the  said  accounts,  had  your  Orator  the  same  to  produce,  more 
fully  would  appear ;  and  which  accounts  arc  in  the  hands  of  the  said 
G.  H.  the  surviving  executor  of  the  said  will,  the  other  two  being  since 
dead,  or  in  the  hands  of  some  other  trustee  for  him,  and  where  he  may 
have  access  to  the  same ;  and  your  Orator  can  give  no  other  account  of 
those  sums,  or  the  same  again,  unless  he  had  those  accounts,  or  true 
copies  thereof.  And  your  Orator  shcwclh  that  liie  said  P.  D.  about, 
&c.  made  his  last  will  and  testament  in  writing,  and  thereby  did  devise, 
&:c.  and  did  also  give  and  bequeath  to,  &c.  and  of  the  said  will  made 
your  Orator,  the  said  K.  F.,  d'c.  Sec.  executors,  and  soon  after  died, 
possessed  of  a  very  considerable  estate,  both  real  and  j)ersojial,  as  in  and 
bv  the  said  will,  had  your  Orator  the  same  to  produce,  more  at  large 
appeareth  ;  and  after  the  said  P.  D.'s  death,  your  Orator  joined  with  the 
said  E.  F.,  Sec.  &c.  in  the  probate  of  the  said  will,  in  the  Prerogative 
Court,  but  never  intermeddled  more  with  the  said  executorship,  or  with 
the  estate  of  the  said  P.  I).,  but  the  same  hath  been  wholly  managed  by 
the  said  V..  F.,  w'.io  hath  ever  since  the  death  of  the  said  P.  D.  received 
and  paid  all  sums,  and  done  all  other  acts  relating  to  the  said  P.  D.'s 
estate,  and  likewise  to  the  said  C.  I).'?  estate  whereby  he  hath  gotten  into 
his  hands  large  sum«;  of  nirjney,  and  otlier  goods  and  chattels  of  a  great 
value.  But  now  so  it  is,  may  it  please  your  lordship,  that  the  said  E.  V., 
8ic.  ScC.  comltii)iug  with,  &c.  by  cunning  insinuations  made  tlie  said.  Sec. 
believe,  that  great  part  of  the  estate  of  C.  D.  and  P.  D.  is  in  the  hands  of 
your  Orator,  although  they  well  know  the  contrary,  and  that  upon  a  fair 
account  the  said  estates  will  be  much  indebted  to  your  Orator,  besides 
several  sums,  not  mentioned  in  such  accounts,  lent  by  your  Orator  unto 
the  said  P.  I).,  which  your  Orator  hopes  he  may  retain  in  his  hands,  or 
be  reimbursed  the  same  by  the  said  E.  F.,  who  hath  got  all  the  estate  of 


CROSS    BILL.  357 

the  said  P.  D.  in  his  hands ;  they  the  said  E.  F.  &c.  &c.  have  either 
«:au-ed  or  procured  the  said,  &c.  to  exhibit  a  bill  in  this  honorable  Court 
against  your  Orator,  to  call  him  tcraccount  for  his  transactions  in  the  said 
estate,  thereby  intending  to  charge  your  Orator  with  the  wiiole  estates  of 
the  said  C.  D.  and  P.  D.  though  they  well  know,  and  so  the  truth  is, 
that  your  Orator  never  intermeddled  witli  any  part  thereof,  save  only  the 
said  estate  in,  &c. ;  and  the  better  to  color  their  pretences,  have  lii<evvise 
consented  and  procured  themselves  to  be  made  parties  to  the  said  suit, 
and  that  there  may  be  little  or  no  prosecution  at  all  against  lliem,  the 
said,  &:c.  therein,  or  if  any,  the  same  is  only  for  form's  sake,  and  the 
charges  thereof  to  be  laid  upon  the  said  E.  F.  &c.  &rc.  and  the  same  suit 
was  wholly  prosecuted  by  the  contrivance  of  the  said  E.  F.  &c.  or  one  of 
t'lcm,  on  purpose  to  take  off  the  burthen  that  lay  upon  them,  to  account 
for  their  transactions  in  the  said  several  estates,  by  charging  your  Orator, 
notwithstanding  the  said  P.  D.  was  tlie  only  acting  executor,  and  the  only 
person  who  used  to  receive  and  pay  any  money  on  account,  any  other 
business  concerning  the  said  estate  of  his  father  C.  D.  and  that  the  said 
E.  F.  hath  being  the  like  acting  executor  in  the  estate  of  the  said  P.  D. 
who,  as  executor,  is  chargeable  with  tiie  acts  and  defaults  of  P.  D.  in  and 
about  the  management  of  his  father's  estate ;  and  your  Orator  abating 
the  receipt  of  the,  &c.  rents,  never  acting  in  the  management  of  either  of 
the  said  estates,  unless  it  were,  by  implicit  consent,  to  confirm  the  actions 
of  the  said  P.  D.,  and  also  by  the  said  bill  they  design  to  charge  your 
Orator  solely  for  all  the  joint  actions  of  the  said  P.  D.  and  E,  F.  with 
your  Orator  touching  the  said  C.  D.  his  estate,  who,  if  any  joint  neglect 
were,  ought  to  be  equally  contributary  to  the  same ;  and  likewise,  by 
the  said  bill  they  charge  your  Orator  to  give  an  account  of  all  the  receipts 
and  disbursements  by  him  in  the  said  estates,  for  which  he  accounted  to 
the  said  executors,  well  knowing  that  he  cannot  possibly  make  an  account 
of  such  his  receipts  and  disbursements,  without  sight  of  such  his  former 
papers  of  accounts,  or  true  copies  thereof,  in  regard  he  hath  no  copies  of 
his  own  as  aforesaid ;  and  the  said  accounts,  by  the  combiiialions  afore- 
said, are  detained  and  concealed  from  your  Orator,  who  hath  no  means 
1o  discover  the  said  accounts,  or  to  have  copies  thereof,  or  to  defend 
himself  against  the  said  unjust  proceedings  of  the  said  confederates,  or 
to  be  relieved  in  the  premises,  but  by  the  aid  and  assistance  of  this  ho- 
norable Court. 

Prayer. 

To  the  end,  therefore,  tljat  your  Orator  may  be  the  better  enabled  to 
make  such  accounts  as  shall  be  required  from  your  Orator,  he 
liumbly  prays  that  the  said  confederates  may  slot  forth  the  said  ac- 
'•ounts  so  delivered  in  by  your  Orator  as  aforesaid  unto  the  exe- 


358  CROSS    BILL. 

cutors,  and  that  such  of  them  as  shall  be  discovered  to  liave  the 
same,  or  in  the  custody  of  any  other  to  their,  or  any  of  their  use, 
may  upon  oath  deliver  to  your  Orator  true  and  authentic  copies 
thereof;  and  also  that  they  the  said  confederates  may  severally  set 
forth,  whether  the  said  P.  D.  was  not  the  chief  acting  executor  of 
the  said  Testator  C.  D.,  and  whether  your  Orator  to  their,  or  any 
of  their  knowledge,  ever  acted  in  any  thing  touching  the  said  estate 
without  the  presence  or  consent  of  the  said  P.  D,,  save  only  about 
the  estate  in,  &c. ;  and  whether  such  actings  of  your  Orator  with 
the  said  P.  D.  were  not  only  to  confirm  the  acts  of  the  said  P.  D., 
and  if  otherwise,  that  tlxMi  the  said  confederates  may  particularize, 
so  that  your  Orator  ma}'  not  be  chargeable  with  other  men's  actions  ; 
and  that  they  the  said  confederates  may  also  set  forth  whether  the 
said  E.  F.  hath  not  been  the  only  person  that  hath  managed  the  said 
P.  D.'s  estate  as  executor,  or  who  hath  been  so ;  or  whether  your 
Orator  hath  any  ways  intermeddled  therein,  otherwise  than  by  join- 
ing in  the  probate  of  the  will  of  the  said  P.  D.  with  them  the  said, 
&c.  and  also  that  all  the  confederates  may  true  answer  inake  to  all 
and  singular  the  premises,  and  your  Orator  be  relieved  according  to 
equity  and  good  conscience. 

W.  C. 


359 


SECT.  III. BILL  OF  REVIEW. 


A  BILL  of  review  is,  where,  after  a  cause  is  heard  and 
the  decree  signed,  complaining  of  some  error  in  law,  or 
mistake  appearing  in  the  body  of  the  decree,  or  when  some 
new  matter  is  discovered  that  was  not  discovered  at  the 
time  of  making  the  decree. 

The  bill  of  review  is  in  nature  of  a  writ  of  error  at  com- 
mon law  ;  it  recites  shortly  all  the  proceedings,  with  the  de- 
cree :  and  here  it  is  to  be  noted,  all  the  decrees  are  to  be 
enrolled  from  the  original  proceedings  ;  they  are  not  en- 
rolled from  the  register's  recitals  of  the  decree,  because  the 
six  clerk  certifies  he  has  examined  them  with  the  records, 
an  1  that  they  agree  together. 

If  any  new  deed  is  found  out,  or  a  new  discovery  since 
the  hearing,  which  the  party  had  not  knowledge  of  at  the 
hearing,  and  has  since  then  come  to  the  knowledge  thereof, 
he  must  annex  an  affidavit  of  the  matter,  and  pray  an  an- 
swer from  the  adverse  party,  and  he  must,  upon  filing  his 
bill  of  review,  serve  the  party  with  a  subpoena  ad  reviven- 
dum. 

A  bill  of  review  cannot  assign  for  error  that  any  of  the 
matters  decreed  are  contrary  to  tlic  proofs  in  the  cause, 
but  must  shew  some  error  appearing  in  the  body  of  the 
decree,  or  new  matter  discovered  since  the  decree  made. 
1  Fern.  117. 

On  a  bill  of  review,  the  cause  of  review  must  arise  and 
appear  upon  the  case  as  stated  in  the  decree,  and   must  be 


360  BILL  OF  REVIEW. 

admitted  as  there  stated,  and  though  the  fact  whereon  the 
Court  gave  judgment  was  mistaken,  yet  that  is  no  ground 
for  a  bill  of  review  after  a  decree  enrolled,  but  the  fact  must 
be  admitted  true,  and  the  decree  enrolled  is  matter  of  re- 
cord, and  can  be  tried  only  by  the  record  ;  but  in  mistak- 
ing the  fact,  the  proper  course  was  to  have  gotten  the  cause 
reheard  before  the  decree  had  been  signed  and  enrolled. 
2Fr€em.  182. 


Bir,L    OF    REVIEW.  361 


Bill  to  review^  revise,  and  answer. 

Humbly  complaining,  showctli  unto  your  Lordsliip,  your  Orators, 
A.  B.  of,  &c.  and  C.  D.  of,  Sec.  that.  Sec.  (^srMinff  forth  the  former  bill 
as  in  the  (Irrrctal  order.)  and  thereupon  the  Defendants  answered,  and 
the  Plaintift'  replied,  and  witnesses  were  examined,  and  their  depositions 
published,  &c.  that  the  cause  came  on  to  hearing,  and  was  heard  and  de- 
creed by  the  Lord  Chancellor  C,  after  which,  &;c.  petitioned  for  a  re- 
hearing to  the  Lord  Chancellor,  &c.  and  the  cause  was  accordingly  re- 
heard, and  a  decree  for  reversal  was  made  by  his  Lordship,  ('set  out  th& 
decree,)  and  that  decree  is  signed  and  enrolled  in  this  Court ;  but  your 
Orators  do  aver  and  say,  that  they  are  aggrieved  by  the  said  last  decree, 
and  that  they  ought  not  to  be  bound  thereby,  nor  should  any  such  decree 
have  been  nnade  or  pronounced  against  your  Orators;  neither  ought  your 
Orators  to  pay,  &c.  as  by  the  said  decree  is  appointed ;  and  that  the  same 
decree  is  erroneous,  and  ought  to  be  reversed  ;  and  for  error  do,  accord- 
ing to  the  course  of  this  honorable  Court,  assign  the  error  therein  as  fol- 
loweth  ;  first,  your  Orators  say,  and  hope  to  maintain,  that,  &c.  which 
is  altogether  uncertain,  &c. ;  secondly,  that,  &c.  which  appears  by,  &;c. 
to  be  fraudulent  and  corrupt ;  thirdly,  that,  Sec.  was  not  alive  at  the 
time  of  tlie  said  decree  made  in  the  said  cause  against  your  Orators,  and 
so  could  not  be  bound  by  the  said  decree,  and  consequently  your  Ora- 
tors ought  not  to  be  bound  thereby ;  for  all  which  said  errors  and  imper- 
fections in  the  said  decree,  your  Orators  have  brought  this  their  said  bill 
of  review,  and  humbly  conceive  they  should  be  relieved  therein.  In  con- 
sideration whereof,  and  for  that  there  are  divers  other  errors  and  imper- 
fections in  the  said  decree  and  proceedings,  by  reason  whereof  the  same 
ought  to  be  reviewed  and  reversed,  and  that  the  first  decree  made  by,  tic. 
ought  to  stand  and  be  confirmed;  &c. 

Prayer. 

To  the  end  therefore  that  the  said  last  decree,  and  all  proceedings 
thereupon  may  be  reviewed  and  reversed,  added,  &c.  and  that  the 
said,  &c.  may  answer  the  premises ;  and  that  your  Orators  may  be 
relieved  in  all  and  singular  the  premises  according  to  equity  and 
good  conscience,  &c.  may  it  please  your  Lordship  to  grant  your 
Orators  his  Majesty's  writ  of  subpoena,  to  revive  and  answer,  di- 
rected to,  &c.  commanding  them,  Szc. 

47 


862 


SECT.  IV. BILLS  TO  CARRY  DECREES  INTO  EXECUTION. 


SOMETIMES  from  the  iiPglect  of  parties,  or  some  other 
cause,  it  becomes  impossible  to  carry  a  decree  into  execu- 
tion, without  the  farther  decree  of  the  court.  (2  67m.  Rep. 
123  and  2  Vern.  409.)  This  happens  generally  in  cases 
where  the  parties  having  neglected  to  proceed  upon  the 
decree,  their  right  under  it  becomes  so  embarrassed  by  a 
variety  of  subsequent  events,  that  it  is  necessary  to  have  the 
decree  of  the  court  to  settle  and  ascertain  them.  Sometimes 
such  a  bill  is  exhibited  by  a  person,  who  was  not  a  party, 
nor  claims  under  any  party,  to  the  original  decree,  but 
claims  in  a  similar  interest ;  or  is  unable  to  obtain  the  de- 
termination of  his  own  rights,  till  the  decree  is  carried  into 
execution  ;  or  it  may  be  brought  by  or  against  any  person, 
claiming  as  assignee  of  a  party  to  the  decree,  (1  Clia.  Ca. 
231.     3  P.  W.  197.     4  Bro.  P.  C.  168.) 

A  bill  for  this  purpose  is  generally  partly  an  original  bill, 
and  partly  a  bill  in  the  nature  of  an  original  bill,  though  not 
strictly  original ;  and  sometimes  it  is  likewise  a  bill  of  re- 
vivor or  a  supplemental  bill,  or  both.  The  frame  of  the 
bill  is  varied  accordingly.     (Mil.  37  and  38.) 


BILLS  TO  CARRY  DECREES  INTO  EXECUTION.     S6S 

Bill  of  Supplement  by  Infants  airainst  Trustees^  ^c.  to 
prosecute  Decree,  and  Defendants  to  be  charged  with 
Monies  that  they  ought  to  have  laid  out. 

Humbly  complaining,  shew  unto  your  Lordship,  your  Orafrixes  and 
Orator  M.  A.  B.,  E.G.  B.  and  G.  D.  B.  all  infants  under  the  respective 
age  of  21  years  (that  is  to  say)  your  (^ratrix  M.  A.  B.  of  the  age  of 
years  or  thereabouts,  E.  G.  B.  of  the  age  of  or  thereabouts,  and 

your  Orator  G.  D.  B.  of  the  age  of  ,  or  thereabouts,  by  J.  L. 

of  ,  their  next  fiiond,  that  in  or  about  term  ,  your 

Oratrixes  and  Orator's  mother,  by  her  then  name  of  M.  B.  together 
with  W.  B.  and  G.  D.  B.  being  all  then  infants  under  the  age  of  21 
years,  but  who  have  all  since  attained  that  age  by  their  next  friend,  ex- 
hibited their  original  bill  of  complaint  in  this  honorable  Court  against 
sir  J.  M.  bart.  J.  W.  W.  C.  the  younger,  B.  B.  and  F.  I.  since  de- 
ceased, as  Defendants  thereto,  thereby  stating  such  several  matters  and 
things  as  are  therein  particularly  mentioned  and  set  forth,  and  praying 
that,  &c.  {set  out  the  prayer.)  And  your  Oratrixes  and  Orator  further 
shew  unto  yoiu-  Lordship,  that  all  the  said  Defendants  being  duly  served 
with  process,  appeared  and  put  in  their  answers  to  the  said  original  bill, 
and  the  said  cause  being  at  issue,  and  witnesses  having  been  examined 
therein,  the  same  came  on  to  be  heard  before  the  then  Lord  High  Chan- 
cellor of  Great  Britain,  on  the  day  of  ,  when  his 
Lordship  was  pleased  to  declare  the  will  of  the  said  Testator  W.  B.  dated 
the  day  of  to  be  well  proved  and  that  the  same 
ought  to  be  established,  and  the  trusts  thereof  performed  and  carried  into 
execution,  and  did  decree  the  same  accordingly.  And  it. was  ordered, 
&c.  (state  order.)  And  your  Oratrixes  and  Orator  further  shew  unto 
your  Lordship,  that  the  said  M.  B.  having  intermarried  with  G.  B.  oj' 
D.  in  the  county  of  B.  esq.  your  Oratrixes  and  Orator's  father,  the  said 
suit  and  proceedings  so  far  as  concerned  the  said  M.  became  abated,  and 
in  consequence  thereof,  they,  on  or  about  the  day  of 
exhibited  their  bill  of  revivor  in  this  honorable  Court,  praying  that  the 
same  might  stand  revived,  and  be  in  the  same  plight  and  condition  as  the 
same  were  in  at  the  time  of  the  intermarriage  of  the  complainant;  and 
that  the  said  decree  made  on  the  hearing  of  the  said  cause,  might  be 
directed  to  be  prosecuted  and  carried  into  full  effect,  and  that  all  proper 
and  necessary  directions  might  be  given  for  effectuating  the  several  mat- 
ters aforesaid.  And  your  Oratrixes  and  Orator  further  shew  unto  your 
Lordship,  that  W.  B.  and  G.  B.  B.  the  complainants  in  the  original 
bill,  exhibited  their  bill  of  revivor  in  this  honorable  Court  on  or  about 
the  day  of  ,  against  the  said  G.  B.  and  iVL  his  wife, 
stating  their  intermarriage,  whereby  the  said  suit  and  proceedings  had 


364     BILLS  TO  CARRY  DIXRLKS  INTO  EXECUTIO.^. 

become  abated,  so  far  as  concerned  the  said  M.  B.  and  praying  that  the 
said  suit  and  proceedings  might  stand  and  be  revived  against  them  the 
saijd  G.  B.  and  M.  his  wile,  or  tiiat  they  might  shew  good  cause  to  the 
contrary.     And  your  Oratrixes  and  Orator  lurther  shew  unto  your  Lord- 
ship, that  by  an  order,  bearing  date  on  or  about  the  day  of 
vour  Lordship  was  pleased  to  order,  that,  <^'c.  (the  trustees  were  ordered 
to  pay  the  sum  therein  m<'ntioned,  into  the  bank,  to  the  account  of  1\I.  B.) 
And  your  Oratrixes  and  Orator  further  shew  unto  your  Lordship,  that 
in  pursuance  of  the  said  order,  the  said  sum  of  £  was  paid  into 
the  bank  with  the  privity  of  the  Accouutant-General,  and  was  afterwards 
laid  out  by  him  in  the  purchase  of  c£                       3  per  cent,  consolidated 
annuities,  which  are  now  standing  in  the  name  of  the  said  Accountant- 
General  in  trust  in  tliis  cause,  to  the  separate  use  of  the  said  M.  B.  as  in 
and  by  the  said  original  bill,  answers,  decree,  bills  of  revivor,  order  and 
other  proceedings  now  remaining  filed  as  of  record  in  this  honorable  Court, 
and  to  which  your  Oratrixes  and  Orator,  for  their  great  certainty,  crave 
leave  to  refer,  will,  when  produced,  more  fully  appear.     And  your  Ora- 
trixes and  Orator  further  shew  unto  jour  Lordship,  by  way  of  supplement, 
that  no  settlement  having  been  made  pievious  to  the  marriage  of  the  said 
G.  B.  and  M.  B.  of  the  part  or  share  of  the  said  M.  B.  in  the  residuary 
estate  of  the  said  Testator  W.  B.  the  interest  and  dividends  thereof,  by 
the  will  of  the  said  Testator  became  payable  to  the  said  M.  B.  for  her 
sole  and  separate  use  during  her  life,  and  the   principal  thereof  will  be 
divisible  after  her  death  amongst  such  children  of  the  said  M.  B.  who 
being  a  son  or  sons  shall  live  to  attain  the  age  or  ages  of  21  years,  oi 
being  a  daughter  or  daughters  sliall  live  to  attain  the  age  or  ages  of  21 
years,  or  be  married,  which  shall  first  liappen.     And  your  Oratrixes  and 
Orator  furth^  shew  unto  your  Lordship,  by  way  of  supplement,  that  your 
Oratrixes  and  Orator  are  the  only  children  of  the  said  M.  B.     And  your 
Oratrixes  and  Orator  further  shew,  that  the  accounts  of  the  real  and  per- 
sonal estate  of  the  said   Testator,   directed  by  the  said  decree  of  the 
day  of                         have  never  in  any  manner  been  prosecuted, 
and  that  no  part  of  the  produce  of  the  real  or  personal  estate  of  the  said 
Testator  hath  ever  been  paid  into,  or  secured  by  this  honorable  Court, 
other  tlian  the  aforesaid  sum  of  jO                   3  per  cent,  consolidated  an- 
nuities, which  is  standing  as  aforesaid,  in  trust  in  this  cause,  to  tiie  sepa- 
rate account  of  the  said  JNl.  B.     And  your,  &c.  that  the  said  Defendants 
sir  J.  M.  J.  W.  W.  C.  and  B.  B.  upon,  or  soon  after  the  death  of  the 
said  Testator,  possessed  themselves  of  the  personal  estate  and  effects  of 
the  said  Testator  to  a  great  amount,  and  the  said  Defendants  also  sold 
the  real  estates  of  the  said  Testator,  or  some  parts  thereof,  and  from  the 
rents  and  produce  of  such  real  estates,  possessed  other  large  sums  of 
money.     And  the  said  Defendants  did,  or  but  for  their  wilful  default  and 


BILLS  TO  CARRY  DFX  REE S  INTO  EXECUTION.    365 

neglect  might,  from  time  to  time  have  laid  out  ami  invested  tlie  monies 
so  received  by  them,  in  respect  of  the  real  and  personal  estate  of  the  said 
Testator,  in  such  manner  that  the  part  or  share  of  the  said  M.  B.  therein, 
after  making  thereout  a  reasonable  allowance  for  her Tnaintenance  and 
education,  did  or  might  have  greatly  accumulated.  And  your  Oratrixes 
and  Orator  further  shew,  that  they  are,  as  they  are  advised,  entitled  to 
have  the  benefit  of  the  said  suit  and  proceedings,  and  to  prosecute  the 
said  decree  against  the  said  several  Defendants.  To  the  end  therefore, 
vi'c.  {thr.  usual  words  of  form  preceding  the  interrogating  part.) 

Jnterro^atins:  Part. 

Whether  at  or  about  the  time  hereinbefore  mentioned,  or  at  some  other 
time,  and  when,  your  Oratrixes  and  Orator's  mother,  by  her  then  name  of 
M.  B.,  together  with  W.   R.   and  O.  B.  B.  did  not  exhibit  their  original 
bill  of  complaint  in  this  honorable  Court  against  such  persons  as  are  here- 
inbefore in  that  behalf  respectively  as  Defendants  thereto,  thereby  stating 
such  several  matters  and  things,  as  in  the  said  original  bill  particularly 
mentioned  mid  set  forth,  and  praying  to  the  pm-port  and  effect  hereinbe- 
fore set  forth,  or  to  some  such  or  the  like,  or  some  other  and  what  pur- 
port and  effect;  and  whether  the  said  cause  did  not  come  on  to  be  heard 
at  or  about  the  time  hereinbefore  in  that  behalf  stated,  or  at  some  other 
time,  and  when  ;  and  whedter  such  decree  was  not  made  therein,  as  here- 
jibeforc  in  that  behalf  set   forth,  or  to   some  such   or  the   like,  or  some 
other  and  what  effect,  and   whether  the  said  ]M.  B.  did  not  intermarry 
with  the  said  G.  B. ;  and  whether,  thereupon,  the  said  G.  B.  and  J\l.  B. 
his  wife,  did  not,  at  or  about  the  time  hereinbefore  in  that  behalf  stated, 
or  at  some  other  time,  and  when,  exhibit  their  bill  of  revivor  in  this  ho- 
norable Court,  and  thereby  praying  to  the  effect  hereinbefore  in  that  be- 
half stated  or  to  some  such,  or  some  other,  and  what  effect  ;  and  whether 
the  said  W.  B.  and  G.  B.  B.  two  of  the  complainants  in  the  said  original 
bill  named,  did  not  likewise  exhibit  their  bill  of  revivor  in  this  honorable 
Court  at  or  about  the  time  aforesaid,  or  at  some  other  time,  and  when, 
thereby  stating  and  praying  to  the  purport  and  effect  hereinbefore  in  tliat 
behalf  set  forth,  so  far  as  the  same  is  herein  set  forth,  or  to  some  such  or 
the  like  and  what  purport  and  effect  ;  and  whether  at  or  about  the  time 
hereinbefore  in  that  behalf  stated,  or  at  some  other  time,  and  when, 
such  order,  as  hereinliefore  in  that  behalf  set  forth,  was  not  made  i«  the 
said  cause,  or  some  other  and  what  order,  to  such  or  the  like,  or  some 
other  and  what  effect ;  and  whether  any  and  what  settlement  was  ever 
and  when  made,  previous  to  the  marriage  of  the  said  G.  B.  and  M.  B. 
of  the  part  or  share  of  the  said  M.  B.  in  the  residuary  estate  of  the  said 
Testator  W.  B.  and  if  n(jt,  why  not ;  and  whether  the  interest  and  divi- 
dends of  such  re.-i.'!narv  estate,  bv  the  will  of  the  said  Testator  or  other- 


S66  BILLS  TO  CARRY  DECREES  INTO  EXECUTIOiV. 

wise,  and  liow,  did  not  become  payable  to  the  said  M.  B.  ft)r  lier  sole 
and  separate  use,  during  her  life,  or  how  otlierwise  ;  and  whether  the 
principal  thereof  will  not  become  divisible  after  her  death,  in  manner 
hereinbefore  in  that  behalf  stated,  or  how  otherwise  ;  and  whether  your 
Oratrixes  and  Orator  are  not  the  only  children  of  the  said  M.  B. ;  and 
whether  the  accounts  of  the  real  and  personal  estate  of  the  said  Testator, 
directed  by  the  said  decree  of  the  day  of  ,  have  ever,  and 

when  in  any,  and  what  manner  been  prosecuted ;  and  whether  any  and 
what  part  of  the  produce  of  the  real  or  personal  estate  of  the  said  Testator 
hath  ever,  and  when,  been  paid  into,  or  secured  by  this  honorable  Court, 
other  than  the  aforesaid  sum  -of  £  3  per  cent,  consolidated 

annuities  ;  and  whether  such  sum  ot  £  ,  or  some  other  and  what 

sum  is  not  now  standing  as  aforesaid,  in  trust  in  this  cause,  to  the  separate 
account  of  the  said  M.  B.  or  how  otherwise  ,  and  whether  the  said  De- 
fendants sir  J.  M.  J.  W.  W.  C.  and  B.  B.  or  some,  or  one,  and  which 
of  them,  Iiave  not  possessed  themselves  of  the  personal  estate  and  effects 
of  the  said  Testator  to  a  great  and  what  amount;  and  whether  the  said 
Defendants,  or  some,  or  one,  and  which  of  them,  have  not  also  sold  the 
real  estates  of  the  said  Testator,  or  some  and  what  parts  thereof, 
or  how  otherwise;  and  whether  from  the  rents  and  produce  of  stich 
real  estates,  the}',  or  some,  or  one  and  which  of  them,  have  not  possessed 
other  large,  and  what  sums  of  money  ;  and  whether  the  said  Defendants 
have  from  time  to  time  laid  out  and  invested  the  monies  so  received  by 
thein,  in  respect  of  the  real  and  personal  estate  of  the  said  Testator,  and 
if  not,  why  not;  and  whether  the  part  or  share  of  the  said  M.  B.  in  the 
real  and  personal  estate  of  the  said  Testator,  after  making  tliereout  a  rea- 
sonable allowance  for  her  maintenance  and  education,  hath  not,  or  but  for 
the  wilful  default  or  neglect  of  the  said  Defendants,  some  or  one  and 
which  of  them,  might  not  and  in  what  degree,  be  accumulated  ;  and  whe- 
ther your  Oratrixes  and  Orator  are  not  entitled  to  have  the  benefit  of  the 
said  suit  and  proceedings,  and  to  prosecute  the  decree  against  the  said 
several  Defendants, 

Prayer. 

And  that  the  said  Defendants  may  answer  the  j)remises ;  andthatyour 
Oratrixes  and  Orator  may  have  the  bcnetit  of  the  said  suit  and  pro- 
ceedings, and  may  be  at  libert}'  to  prosecute  the  said  decree  of  the 
day  of  ,  so  far  at  least  as  may  be  necessary  to  ascertain  the 

accumulated  part  or  share  of  the  said  M.  B.  in  the  produce  of  the 
real  and  personal  estate  of  the  said  Testator ;  and  that,  in  taking 
the  accounts  of  the  said  real  and  personal  estates  of  the  said  Tes- 
tator, the  said  Defendants,  the  trustees,  and  executors,  may  be 
charged  with  such  sums  of  moi;ey  as  have  been,  or  but  fer  the  wilfu* 


BILLS  TO  CAURY  DECREES  INTO  EXECUTION.     367 

dtffn;'lt  and  neglect  of  the  said  DoA-ndiints  iniglit  have  been  accu- 
mulated by  duly  laying  out  and  investing,  pursuant  to  the  will  of  the 
said  Testator  and  the  said  drcree,  the  monies  which  are,  or  ought  to 
have  been,  from  time  to  time  in  the  hands  of  the  said  Defendants, 
the  trustees  and  executors;  and  that  such  further  sum  as,  together 
with  the  5iaid  sum  of  £  ,  3  per  cent,  consol.  annuities,  will 

make  up  the  part  or  share  of  the  said  M.  B.  in  the  real  and  personal 
estate  of  tiie  said  Testator,  may  be  paid  info  and  secured  by  this 
honorable  Court,  for  the  benefit  of  your  Oralri.xes  and  Orator,  or 
such  of  them  as  may  eventually  become  entitled  thereto;  and  that, 
for  these  purposes,  all  proper  directions  may  be  given  ;  and  that  your 
Oratrixes  and  Orator  may  have  such  further  and  other  reUef  in  the 
premises  as  the  nature  of  the  case  may  appear  to  require,  and  to 
your  Lordship  shall  seem  meet. 

J.  L. 
Pray.  Suhpcena  against  Sir  J.  M.  J.  W. 
W.  C,  B.  B.,  IV.  B.,  G.  B.  B.,  (1.  B. 
and  M.  B.  his  wife. 


A  Bill  by  an  Administrairix  for  an  Account,  and  to  revive 
a  Decree  and  carry  it  into  execution. 

Humbly  complaining,  shevveth  unto  your  Lordship,  your  Oratrix,  A. 
C.  widow  and  reUct  of  P.  C.  late  of  ,  in  the  county  of 

esq.  deceased,  and  mother  and  administratrix  of  the  goods  and  chattels, 
rights  and  credits,  of  P.  C.  deceased,  who  was  eldest  son  and  heir  of  the 
said  P.  C.  your  Orafrix's  late  husband,  deceased,  by  your  Oratrix,  that 
some  time  in  or  about  the  day  of  ,  your  Oratrix  and  W.  C. 

the  younger  son  of  the  said  P.  C.  your  Oratrix's  said  late  husband,  de 
ceased,  by  your  said  Oratrix,  an  infant,  then  under  the  age  of  ,  by  your 
said  Oratrix,  his  mother  and  next  friend,  exhibited  this  bill  of  complaint 
in  this  honorable  Court,  against  the  said  P.  C.  as  the  eldest  son  and  heir 
of  the  said  P  C.  your  (Matrix's  said  late  husband,  by  your  said  Oratrix, 
he  being  then  an  infant  under  tlie  age  of  twenty-one  years,  L.  R.  W.  W. 
W.  L.  and  G.  C.  and  W.  C.  younger  brothers  of  your  Oratrix's  said 
late  husband,  setting  Anth,  amongst  divers  other  matters  and  things,  that 
previous  to  the  marriage  of  your  Oratrix  with  the  said  P.  C.  your 
Oratrix's  said  late  husband,  deceased,  the  said  P.  C.  in  consideration 
of  the  said  marriage,  and  of  your  Oratrix's  marriage  portion,  by  certain 
articles,  bearing  date  the  day  of  ,  and  made,  or  men. 

tion«d  to  he  made  between  the  said  P.  Q.  c*f  the  one  pa^t,  and  the  said 


ubli  BILLS  TO  CARRY  DECREES  INTO  EXECUTION. 

W.'X.  and  your  Oratrix  of  the  other  part,  he  the  said  P.  C,  did  thereby 
rovenanf  for  himself,  his  heirs,  executors,  and  administrators,  immediately 
after  the  solemnization  of  such  marriat^e,  to  settle  the  manor  of  , 

with  the  appurtenances,  and  divers  oilier  lands  and  hereditaments  therein 
particularly  mentioned  in  the  parishes  of  ,  and  ,  in  the  said 

county  of  ,  to  the  use  of  himself,  for  life,  without  impeachment 

of  waste,  remainder  to  trustees,  to  support  contingent  remainders,  re- 
mainder to  the  use  of  the  first  and  other  sons  of  him,  the  said  P.  on  the 
body  of  your  Oratrix  to  be  begotten,  in  tail  male,  with  remainder  to 
L.  C.  since  deceased,  brother  of  the  said  P.  C.  and  all  others,  the  bro- 
thers of  the  said  P.  C.  according  to  their  seniority  successively,  in  tail 
male,  with  remainders  to  the  right  heirs  of  tlie  said  P.  C,  and  also  setting 
forth,  that  soon  after  the  execution  of  the  said  articles,  the  said  marriage 
took  effect ;  and  that  in  ,  the  said  P.  C.  your  Oratrix's  said  late 

husband  died,  leaving  your  Oratrix,  his  widow,  and  the  said  P.  since  de- 
ceased, his  eldest  son,  and  the  said  W.  C.  his  only  children  by  the  said 
marriage  then  living,  having  first  duly  made  and  published  his  last  will 
and  testament  in  writing,  bearing  date  the  day  of  ,  and 

therein  taking  notice  of  his  said  marriage  articles,  confirmed  the  same, 
save  and  except  the  uses  to  his  brother  G.  and  his  issue  in  tail,  which  he 
revoked,  as  therein  is  mentioned,  and  devised  all  his  manors,  houses,  mes- 
suages, rectories,  advowsons,  lands,  tenements,  and  hereditaments,  and . 
the  reversion  thereof,  with  all  his  estate  therein,  unto  the  said  L.  R.  anxl 
W.  W.  their  heirs  and  assigns,  in  trust  for  performance  of  the  said  mar- 
riage articles  (save  as  before  excepted,)  and  for  the  intents  and  purposes 
therein,  and  in  the  said  will  set  forth;  and  particularly  that  the  said  trus- 
tees, and  the  survivor  of  them,  and  the  executors  of  such  survivor,  should 
have  the  sole  direction  of  all  his  real  estate,  to  let  and  set  the  same,  and 
receive  the  rents,  issues,  and  profits  thereof,  until  one  of  his  sons  should 
attain  the  age  of  twenty-one  years,  and  should  apply  the  rents  and  profits 
of  all  his  real  estate,  save  such  as  should  be  applied  in  the  maintenance 
and  education  of  his  said  son  P.  C.  or  his  younger  son  (in  case  he  should 
survive  him,)  for  payment  of  all  or  part  of  the  principal  or  interest  of 
any  mortgages  or  incumbrances  upon  his  said  estate,  or  any  part  thereof, 
ajvJ  made  your  Oratrix  sole  executrix  of  his  said  will,  who,  after  his 
death,  duly  proved  the  same,  and  look  upon  herself  the  burthen  of  the 
execution  thereof;  and  furdier  setting  forth,  and  praying  in  and  by  the 
said  bill  to  be  relieved,  as  therein  is  prayed.  And  your  Oratrix  further 
sheweth  unto  your  Lordship,  that  the  said  Defendants,  being  served  with 
process,  did  appear  to  and  put  in  their  several  answers  to  your  Oratrix's 
said  bill,  and  the  said  L.  R.  and  W.  W,  W.  L.  G.  C.  and  W.  C. 
thereby  severally  and  respectively  admitted,  that  such  articles  were  duly 
oxecMted,  ajid  that  such  marriage  was  had,  and  that  tire  Defendant,  P.  C. 


BILLS-  TO  CARRY  DECREES   INTO  EXECUTION.  369 

since  deceased,  and  the  said  Plainliff,  W.  C.  were  the  only  issue  thereof; 
and  that  the  said  Testator  died  in  ,  having  made  such  will  as  afore- 

said, and  appointed  thereof  yoin-  Oratrix  sole  executrix ;  but  the  Defend- 
ant R.  denied  he  had  received  any  of  the  rents  and  profits  of  the  said  Tes- 
tator since  his  deatli ;  but  the  Defendant  W.   admitted  that  he  had  re- 
ceived the  same,  and  submitted  to  account,  as  the  court  should  direct. 
And  the  said  P.  C.  the  infant,  put  in  his  answer  to  the  said  bill  by  T.  B. 
his  guardian,  and  thereby  (amongst  other  things)  sul)mitted  his  interest 
in  the  premises  to  the  care  and  protection  of  the  Court.     And  your  Ora- 
trix  further  sheweth  unto  your  Lordship,  that  the  said  cause  being  there- 
upon at  issue,  and  witnesses  examined  on  both  sides,  the  same  came  after- 
wards to  be  heard,  to  wit,  the  day  of  ,  in  the  year  of 
the  jeign  of  his  present  Majesty  King  George  the  second,  before  the  then 
Master  of  the  Rolls;  and  thereupon   it   was   (amongst  other  things)  de- 
clared and  decreed  by  his  Honor,  that  the  said  Testator's  will  was  well 
proved,  and  that  the  trusts  thereof  ought  to  be  performed  :  and  that  the 
said  manor  of  A.  and  lands  agreed  to  be  settled  by  the  said  marriage  ar- 
ticles, were  to  go  according  to  the  limitations  of  the  said  marriage  articles, 
discharged  of  the  said  Testator's  debts,  and  that  IMr.             ,  one  of  the 
Masters  of  this  honorable  Court,  should  take  an  account  of  the  said  Tes- 
tator's debts  and  legacies,  which  were  to  be  paid  first  out  of  the  said  sunt 
of             ,  part  of  your  Oiatrix's  portion,  and  the  residue  thereof  was  to  be 
raised  and  pai<l  out  of  the  rents  and  profits,  or  by  sale  or  niortgage  of  the 
said  Testator's  real  estate,  by  the  said  articles  and  will  particularly  appro- 
priated for  that  purpose,  with  the  approbation  of  the   said  Master;  and 
any  deficiency  therein  was  to  be  made  good  out  of  the  otiier  part  of  the 
Testator's  real  estate,  not  in  settlement  to  your  Oratrix ;  and  that  a  fit 
and  proper  person  should  be  appointed  to  receive  the  rents  and  profits  of 
all  the  said  Testator's  real  estates;  and  the  said  Master  was  to  see  what 
was  proper  to  be  Eillowed  for  the  maintenance  of  the  Defendant,  P.  C, 
and  the  Plaintiflf  W.  his  brother  respectively,  as  well  for  the  time  pasJ, 
as  to  come,  and  to  state  the  same  to  the  Court,  whereupon  such  further 
order  should  be  made  as  should  be  just;  and  what  was  to  be  allowed  for 
their   respective  maintenance,    was   to   be   paid  to   your  Oratrix,    their 
mother,  out  of  the   rents  and  profits  of  the  said  estate,  so  long  as  she 
could  maintain  them,  and  until  further  order  of  Court  to  the  contrary, 
and  all  other  proper  directions  were  given  for  the  taking  the  said  account ; 
as,  by  the  said  bill  and  answers,  and  the  other  proceedings  in  the   said 
cause,  and  the  said  decretal  order  made  upon  the  hearing  thereof,  re- 
maining as  of  record  in  this  honorable  Court,  may  more  fully  and   at 
large  appear,  and  to  which  your  Oratrix  humbly  craves  leave  to  refer 
herself;  and  your  Oratrix  further  sheweth  unto  your  Lordships,  that  after 
hearing  the  said  cause,  and  making  the  said  decree,  to  wit.  in  or  about  the 

"48 


370  BILLS  TO  (JARIIV   DKCKLLS   IMO   EXLCCTION. 

month  of  ,  the  said  Defendant,  P.  C.  the  eldest  son  and  heir  o\ 

the  said  Testator,    P.  C.  departed  this  life  intestate,  and  without  issue, 
as  did  also  the  Defendant  W.  W.  in  or  ahoiit  the  month  of  ,  by 

reason  whereof  your  Oratrix  is  advised,  that  the  said  cause,  and  the  pro- 
ceedings and  decree  had  therein,  as  to  tliem,  the  said  P.  C.  and  W.  W. 
became  and  are  abated  ;  and  your  Oratrix  further  shews  unto  your  Lord- 
ship, by  way  of  supplement  to  her  said  former  bill,  that  upon  the  death 
of  tl>€  said  Testator,  P.  C.  the  said  manor  of  A.  and  lands  and  premises 
of  W.  ajTreed  to  be  settled  in  and  by  thesnid  marriage  articles,  as  therein 
and  hereinbefore  is  mentioned,  and  which   were  di.^rharged  by  the  said 
decree  from  payment  of  the  said  Testator's  debts  as  aforeiaid,  did,  by 
virtue  of  the  said  marriage  articU^,  immediately  upon  the  death  of  the 
said  P.  C.  your  Oratrix's  late  husband,  come  to  the  said  P.  C.  as  eldest 
son  and  heir  of  the  said  marriage,  and  his  heirs  male;  and   that  he  be- 
came entitled  to  the  rents  and  profits  thereof  from  the  death  of  his  said 
fatlier  to  his  own  death,  and  upon  his  death  the  said  estates  came  to  the 
said  W.  C.   the  Testator's  said  second   sons,  and  one  of  the  Defendants 
hereinafter  named,  as  tenant  in  tail,  by  virtue  of  the  said  articles  ;  and 
your  Oratrix  further  sheweth,  that  the  said  W.  W.  was  appointed  receiver 
of  the  rents  and  profits  of  the  said  Testator's  real  estates,  pursuant  to  the 
said  decree;  and  as  your  Oratrix  is  informed,  the  said  W.  W.,  till  the 
time  of  his  death,  and  the  said  L.  R.  or  one  of  them,  not  only  received 
the  rents  and  profits  of  the  said   Testator's  real  estate,  subject  to  the 
payment  of  his  debts,  but  also  of  the  said  settled  estate,  which  belonged 
only  to  the  said  P.  C.  her  son,  and  applied  the  same  promise  uously  with 
the  rents  of  the  said  other  estate,  in   payment  of  the  said  Testator's 
debts  and  legacies,  or  for  some  olh<'r  uses  and  pinp-yses  for  which  the 
same  were  no  ways  applica!>k' :  and  your  Oratrix  further  sheweth,  that 
the  said  \V.  W.  some  time  before  his  death,  duly  made  his  last  will  and 
testament  in   Wiiting,  and    thereof  appointed  C.  B.   of  .M.  in   the  said 
county  of  X.  gentleman,  and  R.  II.  of  the  same  place,  gentleman,  exe- 
cutors, who  have  proved  the  same,  and  possessed  themselves  of  his  per- 
sonal estate;  and,  ivince  the  decease  of  the  said  W.  W.  L.  L.  of  , 
in  the  said  county  of                 ,  gentleman,  hath  been  appointed  receiver 
of  the  said  Testator,  P.  C.'s  said  real  estates;  and  your  Oratrix  further 
sheweth,  that  there  was  a  creat  arrear  of  rents  and  profits  due  to  the  said 
P,  C.  her  son,  at  the  time  of  his  decease,  for  the  said  manor  of  , 
and  the  said  lands  and  premises  at                      ,  agreed  to  be  settled  as 
aforesaid,  and  then  unreceived,  and  in  the  hands  of  the  several  tenants, 
who  held  and  rented  the  same,  amounting  to  the  sum  of            ,  and  up- 
wards, and  that  some  part  thereof,  since  the  deceases  of  the  jaid  inte^tate, 
P.  C.  and  the  said  \V.  W.  hath  been  received   by  the  said  C  B.  by  vir- 
tue of  or  under  pretence  of  some  order  or  direction  for  that  purpose,  and 


BILLS  TO  CARRY  DECREES  INTO  EXECUTION.     371 

that  the  order,  part  thereof  hath  been  received  by  the  said  L.  L.  the  said 
receiver,  and  the  said  L.  R.  the  said  surviving  trustee,  or  some  or  one  of 
them,  and  whicli  they,  the  said  C.  B.  L.  L.  and  L.  R.  pretend  to  have 
paid  and  applied  towards  the  payment  of  his  the  said  P.  C,  the  Testator's 
mort.tragre,  and  other  his  debts,  due  and  payable  out  of  the  other  part  of 
his  said  real  estate,  in  the  pleadings  in   the  aforesaid  cause  mentioned, 
contrary  to  tlio  said  decree  made  upon  the  hearing  thereof,  as  aforesaid  ; 
and  your  Oratrix  Airtlier  shcweth,  tliat  soon   after  tiie  death  of  the  said 
P.  C.  her  said  son,  letters  of  administration   were  granted  to  her  out  of 
the  Prerogative  Court  of  Y.  and  thereupon,  and  by  virtue  thereof,  she 
became  well  enfitled  to  all  and   singular   the  rents  and  profits  of  the  said 
manor  of  A.  and  lands  and  premises  at  W.  received  by  the  said  W.  W., 
the  said  late  receiver,  and  the  said  L.  R.  which  accrued  due  for  the  same 
estates,  after  the  death  of  tlie  said  Testator,  P.  C.  or  which  were  received 
by  them  after  making  the  said  decree  in  the  said  intestate's  life-time,  ever 
and  above  his  maintenance,  and  all  tiie  arrears  thereof,  which  were  in  the 
hands  of  the  tenants,  and  unre.:eiveJ,  and  due  to  the  said  P.  C.yourOra- 
trix's  said  lale  son,  at  the  time  of  his  death,  and  ought  to  have  received 
the  same,  and  ought  to  have  had  an  account  thereof,  and  the  same  ought 
to  be  distributed  in  moieties  between  your  Oratrix  and  her  said  son  W. 
as  by  t!;e  ~ame  letters  of  administration,  in  the  custody  or  power  of  your 
Oratrix,  and  ready  to  he  produced  to  this  honorable  Court,  may  appear. 
And  your  Oratrix  humbly  insists,  that   by  virtue  of  the  said  letters  of 
administration,  your  Oratrix  stands  in  the  place  of  the  said  P.  C.  her  said 
son,  deceased  as  to  the  said  rents  and  profits  received  of  his  said  estate, 
as  aforesaid,  in  his  life-time,  and  which  were  due  to  him,  and  in  arrear, 
and  received  as  aforesaid,  since  his  death,  and  thereu[ion  is  entitled  to 
have  the  aforesaid  decree  made  upon  the  hearing  of  the  said  cause,  re- 
vived and  carried  into  execution,  and  to  have  the  benefit  of  all  the  said 
proceedings,  in  such  manner  as  this  honorable  Court  shall  direct.     And 
your  Oratrix  further  sheweth,  that  they  the  said  W.  C.   her  son,  C.  R. 
R.  11.  L.  L.  and  L.  R.  have  enteied  into  a  combination  and  confederacy 
how  to  defeat  your  Oratrix  of  the  said  moiety  or  half  part  of  the  said 
rents  and  profits  of  the  said  manor  of  A.  and  lands  and  premises  at  W. 
which  were  received  by  them  the  said  \V.  W.  and  L.  R.  in  t!ie  life-time 
of  the  said  intestate,  P.  C.  over  and  above  his  maintenance,  and  which 
were  due,  and  in  arrear  to  the  said  intestate,  P.  C.  her  said  son,  at  the 
time  of  his  death,  and  which  have,  since  his  death,  been  received  by  the 
said  C.  B.  L.  L.  and  L.  R.  or  some  of  them,  and  to  all  which,  and  an 
account  thereof,  your  Oratrix  is  well  entitled  as  aforesaid  ;  and  thereupon 
the  said  confederates,  and  especially  the  confederates  C.  B.  R.  H.  L.  L. 
and  L.  R.  refuse  to  give  your  Oratrix  any  account  thereof,  or  to  pay  her 
the  same;  and  they,  the  said   C.  B.  arid  K.   H.  pretend  that  the  said 


372  BILLS   TO  CARIU    DECKLES    IMO  EXECUTION. 

\\\  W.  (lid  nol  leave  assets  sufTicient  to  answer  and  make  good  to  your 
Oratrix  uliat  lie  so  received  ;  and  tlie  said  W.  C.  pretends  that  he  is  en- 
titled to  the  wliole  of  the  rents  and  profits  oi"  the  said  manor  of  A.  and 
the  lands  and  premises  at  W,  which  were  received  by  the  said  W.  W.  and 
L.  R.  in  the  life-time  of  the  said  intestate,  P.  C.  over  and  above  his 
maintenance ;  as  also,  to  the  rents  and  profits  w  hich  were  in  arrear  and 
due  to  the  said  intestate,  P.  C.  at  the  lime  of  his  death,  for  the  same, 
or  that  the  same  ought  to  be  applictl  in  discharge  of  the  said  P.  C.  his 
late  father,  the  Testator's  debts ;  whereas  your  Oratrix  doth  expressly 
charge  as  above;  and  that  the  said  W.  C.  was  entitled  to  one  moiety,  or 
half  part  thereof  only,  and  that  your  Oiatrixis  well  entitled,  as  aforesaid, 
to  the  other  moiety,  or  half  part  thereof;  and  your  Oratrix  doth  also 
insist,  thai  as  the  said  manor  of  A.  and  the  lands  and  premises  at  AV . 
agreed  to  be  settled  as  aforesaid,  were,  by  the  said  decree,  discharged 
from  the  payment  of  the  baid  Testator,  P.  C.'s  debts;  that  therefore  the 
said  rents  and  jMoiits  thereof,  which  were  due  to  the  said  intestate  P.  C.  at 
the  time  of  his  death,  and  received  as  aforesaid,  ought  not  to  go  and  be 
applied  towards  the  payment  thereof,  but  ought  to  be  equally  divided, 
sh;ire  and  share  alike,  after  just  deductions  and  allowances  made  out  of 
the  same,  between  your  Oratrix  and  him,  the  said  W.  C.  her  son. 

Prayer. 

In  consideration  whereof,  and  to  the  end  that  the  said  confederates, 
and  every  of  them,  may  answer  all  and  singular  the  premises  herein- 
before added  by  way  of  supplement,  as  fully,  particularly,  and  dis- 
tinctly, as  if  the  same  were  here  again  repeated  and  interrogated,  and 
more  especially  that  the  said  C.  B.,  R.  H.,  L.  L.  and  L.  R.  may 
set  forth  a  true  and  just  account  of  all  and  singular  the  rents  and 
profits  of  the  said  manor  of  A.,  and  lands  and  premises  at  W.,  which 
they  the  said  W.  W.  and  L.  R.  or  either  of  them,  or  which  any  other 
persons  by  their,  or  cither  of  their  order,  or  for  their,  or  either  of 
their  use,  did  receive  in  the  life-time  of  the  said  intestate  P.  C,  and 
also  a  true  and  just  account  of  the  arrears  thereof  due  to  him  the  said 
intestate  at  the  time  of  his  death,  and  which  since  his  death,  have 
been  received  by  the  said  C.  B.,  L.  L.,  and  L.  R.  or  any  of  them, 
or  any  other  person  or  persons  by  their,  or  any  of  their  order,  for 
their,  or  any  of  their  use  or  uses,  separately  and  distinctly,  in  eaeh 
and  every  of  the  said  years  they  so  received  the  same,  and  how  much 
they  deducted,  paid,  or  allowed  out  of  the  same  in  each  and  every 
of  the  said  years,  separately  and  distinctly,  and  for  what,  and  upon 
what  account,  and  how  much  the  same  amount  to  in  the  whole, 
after  such  deductions ;  and  how  and  in  what  manner,  and  to  and  for 
whose  use  and  benefit  they  paid  and  applied  the  same,  or  otherwise 


lULLS  TO  CARRY  DECREES  INTO  EXECUTION.  373 

disposed  thereof;  and  tliat  the  said  C.  B.  and  R.  II.  may  either 
admit  assets  of  the  said  Testator,  sufficient  to  answer  your  Ora- 
trjx's  demand  upon  the  said  W.  W.'s  estate  or  else  that  they  may 
set  out  a  true  and  perfect  inventory  and  particular  of  all  and  i^inffular 
his  goods,  chattels,  rights,  and  credits  ;  and  Iiow  the  satnc  hath  ijeen 
paid,  applied,  or  otherwise  disposed  of;  and  that  the  said  confede- 
rates may  set  forth  whether  your  Oratrix  hath  not,  since  the  death 
of  the  said  P.  C.  her  said  son,  taken  out  letters  of  athiiitiislrrtion 
to  all  and  singular  his  goods,  chattels,  rights,  credits,  and  jv;  rsonal 
estate  whatsoever,  and  whether  your  Oratiix  is  not  well  eiititleil  to 
liave  a  just  account  of  the  said  rents  and  profits,  and  in  her  own 
right  entitled  to  one  full,  undivided  moiety  or  half  part  of  all  and 
singular  the  said  rents  and  profits  of  the  said  manor  of  A.  and  the 
lands  and  premises  at  W.  received  by  the  said  W.  W.  and  L.  R.  dur- 
ing the  life-time  of  the  said  intestate  P.  C.  over  and  above  his  said 
maintenance,  and  all  the  arrears  thereof  which  were  due  and  in  ar- 
rear  to  him,  the  said  intestate  P.  C.  at  the  time  of  his  death  ;  and 
that  they,  the  said  C.  B.  R.  H.  L.  L.  and  L.  R.  may  set  forth  their 
reasons  why  they  refuse  to  account  with  and  pay  to  your  Oiatrix  the 
same  ;  and  that  they  may  be  compelled  forthwith  to  come  to  a 
just  and  fair  account  with  your  Oratrix,  and  to  pay  to  your  Oratrix 
what  shall  appear  to  be  due  to  her  upon  such  account ;  and  that  the 
said  decree  may  be  revived  and  carried  into  execution;  and  that  your 
Oratrix  may  have  the  benefit  of  all  the  aforesaid  proceedings  and 
decree,  in  such  manner  as  this  honorable  Court  shall  direct.  May 
it  please  your  Lordship,  &c. 


374 


SECT.  V. — INFORMATIONS. 


AN  information  in  every  respect  follows  the  form  of  a 
bill,  except  in  the  style  ;  but  when  it  concerns  only  the 
rights  of  the  crown,  or  of  those  whose  rights  the  crown 
takes  under  its  particular  protection,  as  charities,  they  are 
exhibited  in  the  name  of  the  King's  Attorney  or  Solicitor- 
General,  as  the  informant,  and  in  the  latter  case  always,  and 
in  the  former  sometimes,  a  relator  is  named,  who  in  reality 
sustains  and  directs  the  suit. 

The  difference  in  form  between  an  information  and  a 
bill,  consists  merely  in  offering  the  subject  matter  ;  as  the 
information  of  the  officer  in  whose  name  it  is  exhibited, 
at  the  relation  of  the  person  who  suggests  the  suit,  in  those 
cases  where  a  relator  is  named,  and  in  stating  the  acts  of 
the  Defendant  to  be  injurious  to  the  crown,  or  to  those 
whose  rights  the  crown  thus  endeavours  to  protect,  when 
the  pleading  is,  at  the  Same  time,  an  information  and  bill, 
it  is  a  compound  of  the  forms  used  for  each,  when  sepa- 
rately exhibited. 

It  may  happen  that  this  person  has  an  interest  in  the 
matter  in  dispute,  and  sustains  the  character  of  Plaintiff 
as  well  as  of  relator ;  and  in  this  case  the  pleading  is  styled 
an  information  and  bill.  An  information  concerning  the 
rights  of  the  queen,  is  exhibited  also  in  the  name  of  her 
attorney-general.  The  proceedings  upon  an  information 
can  oidy  abate  by  the  death  or  determination  of  interest  of 
the  Defendant.  If  there  are  several  relators,  the  death  of 
any  of  them,  while  there  survives  one,  will  not  in  aiyr 


INFORMATIONS.  375 

degree  effect  the  suit ;  but  if  all  the  relators  die,  or  if 
there  is  but  one,  and  that  relator  dies,  the  court  will  not 
permit  any  farther  proceeding  till  an  order  has  been  ob- 
tained for  liberty  to  insert  the  name  of  a  new  relator,  and 
such  name  is  inserted  accordingly ;  otherwise  there  would 
be  no  person  liable  to  pay  the  costs  of  the  suit,  in  case  the 
information  should  be  deemed  improper,  or  for  any  other 
reason  should  be  dismissed.  Mit.  91,  and  1  Ves.  72. 
3  Ves.  327.'  ' 


376  1NF0K.MAT1UJS5. 

Information  bi/  the  Aliorney  General^  to  icstruin  Building. 

S'tafes,  lliat  there  is  situate,  lying,  and  beiii^  witliii)  the  j^aiish  of 
I',  ill  tlie  county  of  JM.,  a  certain  street  or  road  commonly  called  or 
known  by  the  name  of  ,  which  is  bounded  on  the  east  by 

certain  duellino-houses  and  the  areas  thereto  belonging,  and  on  the  west 
side  thereof  by  certain  land  or  ground  now  belonging  to  the  duke  of  C, 
from  which  the  same  was  formerly  separated  by  a  brick  wall,  which  hath 
within  these  (c\v  weeks  past  been  pulled  down  and  demolished,  and 
which  street  and  public  highway,  at  the  south  end  th^elbf,  terminated 
with  a  certain  street  and  public  highwaj^  called  ,  and  at  the 

north  end  thereof  terminated  at,  and  communicates  with  a  certain  piece 
or  parcel  of  land  which  hath  lately  been  laid  out  as  a  street  and  public 
king's  highua)',  whicli  is  called  ,  which  street  or  road  is  called 

or  known  by  the  name  of  ,  now  is,  and  hath  for  upwards  of 

years  last  past  been  a  common  and  public  king's  highway  for  all 
his  majesty's  subjects  whatsoever,  and  the  same  hath  been,  from  time  to 
time,  for  upwards  of  last  past,  repaired   at  the  expense  of  the  in- 

habitants of  the  houses  adjoining  the  said  street  and  king's  highway,  and 
of  the  iiiliabitauts  of  the  said  parish  of  ,  by  means  of  rales  imposed, 

and  by  virtue  of  certain  acts  of  parliament  made  and  passed  in  the 
years  of  his  present  majesty's  reign,  or  some  or  one  of  them. 

That  all  his  majesty's  subjects  ought  now  and  at  all  times  hereafter  to 
have  the  free  use  of  the  said  street  and  public  king's  highway,  for  them- 
selves, their  carriages  and  horses,  free  from  ail  let,  interruption,  and 
hindrance  whatsoever.  But  that  the  said  duke  of  B.  hath  lately  entered 
into  some  contract  with  J.  B.  for  the  ground  lying  and  being  on  the  west 
side  of  the  said  street  or  public  highway,  and  adjoining  thereto,  and 
said  Del'endaul  hath  agreed  with  said  Defendant  duke  of  13.  to  erect  cer- 
tain houses  on  the  said  piece  or  parcel  of  ground  fronting  the  said  street 
or  king's  higJ.iway,  on  the  west  side  thereof;  and  said  Defendant  J.  B. 
threatens  and  intends  shortly  to  take  up  part  of  the  pavement  in  the  said 
street  or  public  king's  highway,  on  the  west  side  thereof,  and  to  make 
and  dig  large  holes  therein,  for  the  purpose  of  erecting  vaults  therein, 
upon,  and  under  the  said  street  or  public  king's  highway,  to  be  used  with 
the  said  dwelling-houses,  and  to  pave  or  cover  the  said  street  above  such 
vaults,  when  erected,  with  broatl  Hags  oi-  stones,  such  as  are  used  for 
paving  '/f  |)assages  for  foot  passengers  only  ;  and  that  by  the  digging  of 
uch  liolcs,  and  building  of  such  vaults,  the  said  street  and  king's  high- 
way nui5t  necessarily  and  unavoidably  be  much  obstructed  and  rendered 
much  less  convenient  for  his  majesty's  subjects,  who  will  be  deprived  of 
>o  much  of  the  said  street  and  king's  highway  as  shall  be  so  dug  up,  or 
as  shall  be  used  for  the  lying  of  earth  and  rubbish  dug  thereout,  until  said 


INFORMATIONS.  377 

vaults  shall  be  completed  ;  and  that  when  the  same  are  completed,  said 
street  and  public  king's  highway  will  at  all  times  after  be  liable  to  be 
©bstructed  by  the  falling  in  of  such  vaults,  or  when  the  same  stand  in 
need  of  repairs,  that  the  digging  and  making  of  such  vaults,  and  the 
continuance  thereof,  will  be  to  tlie  public  damage  and  nuisance  of  all  his 
majesty's  subjects,  and  particularly  of  said  relators  and  all  other  persons 
residing  near  the  said  street  and  public  king's  highway ;  and  that  if  said 
vaults  are  covered  over  with  said  flags  or  broad  stones,  as  intended,  so 
much  of  the  said  street  or  king's  highway  as  is  covered  with  such  flags  or 
broad  stones  will  become  unfit  to  be  used  for  horses  and  carriages ;  that 
his  majesty's  subjects,  and  particularly  said  relators,  will  not  have  the  use 
and  enjoyment  of  said  street  or  king's  highway  in  so  beneficial  a  manner 
as  they  have  hitherto  been  accustomed  to  have. 

That  the  lying  of  such  flags  or  stones  will  also  be  to  the  puljlic  injury 
and  nuisance  of  all  his  majesty's  subjects,  particularly  of  such  of  them  as 
aforesaid. 

That  such  intended  acts  of  the  said  defendant  J.  B.,  if  carried  into  ex- 
ecution, will  be  to  the  wrong  and  injury  of  all  his  majesty's  subjects,  and 
will  be  a  public  nuisance.  The  said  relators,  and  divers  others  of  his 
majesty's  subjects,  have  frequently  applied  to  said  J.  B.  and  requested 
him  not  to  proceed  to  dig  up  the  said  street  or  public  king's  highway. 

Charges  that  said  Defendants  refuse  to  comply  with  such  request,  and 
threaten  and  intend  to  dig  up  the  street  and  public  king's  highway  in 
manner  aforesaid,  and  to  erect  vaults  under  the  same,  and  to  pave  or 
cover  the  street,  or  above  the  same,  as  hereinbefore  mentioned. 

Pretends  that  said  piece  of  ground  called  is  not  a  public 

king's  highway. 

Charge  contrary.,  and  that  said  piece  of  ground  was  upwards  of 
years  set  apart  for,  and  hath  ever  since  been  and  still  is  used  as  a  public 
king's  highway,  and  hath,  since  the  year  of  the  reign  of  his  present 

majesty  been  repaired  at  the  public  expense  of  said  parish  of  B.  in 
manner  hereinbefore  mentioned,  and  that  the  same  therefore  is  and  ought 
to  be  taken  to  be  to  all  intents  and  pinposes  a  common  and  public  king's 
highway. 

Pretend  that  the  soil  of  said  piece  or  parcel  of  ground  belongs  t6  said 
Defendant  the  duke  of  B.,  and  that  he  hath  a  right  to  dig  and  make 
vaults  under  same,  and  pave  and  lay  the  surface  of  such  street  as  he  shall 
be  advised. 

Charges  contrary,  and  that  if  said  Defendant  duke  of  B.  is  owner  of 
s-aid  piece  or  parcel  of  ground,  yet  same  being  a  public  highway,  neither 
he  the  Defendant,  nor  any  person  claiming  by,  from,  or  under  \v.jm,  hath 
any  right  to  dig  the  soil  thereof,  so  as  to  obstruct,  hinder,  or  interrupt 
the  said  way;    and  that  in  order  to  make  gaid  vaults,  Defendant  .T.  E, 

49 


373  IMUKMA110N&. 

intends  to  Jig  liol<'>  iVojn  tl)c  surface  of  said  street  or  highway,  whlcli  may 
obstruct  the  same,  or  make  tlie  same  less  commodious  or  convenient  for 
the  passage  of  horses  or  carriages. 

Pretend  that  they  have  been  (Uily  authorized  and  empowered  by  the 
commissioners  named  and  api)ointed  by  said  acts  of  George  third, 

or  some  or  one  of  them,  Ibr  the  pnrpxises  therein  mentioned,  or  a  suffi- 
cient number  thereof,  to  make  such  vaults,  and  to  pave  such  part  of 
said  street  as  they  intend  to  pave  with  such  flags  or  broad  stones  as 
aforesaid. 

Charges  and  insists,  that  in  case  said  commissioners  have  made  any 
order  by  which  they  have  pretended  to  give  authority  to  said  Defendants, 
or  either  of  them  so  to  do,  yet  said  commissioners  had  no  power  or 
autliority  to  authorize  said  Defendants  so  to  do,  and  especially  to  make 
vaults  under  said  street,  or  to  dig  holes  from  the  surface  of  said  street, 
to  enable  them  so  to  do. 

Prmjcr. 

Therefore  that  said  Defendants,  their  servants  and  workmen,  may  be 
restrained  by  an  injunction  of  this  honorable  Court  from  proceed- 
ing to  dig  up  any  part  of  the  said  public  street  called  ,  and 
that  if  they  have  already  ting-  up  any  part  thereof,  that  they  may  be 
decreed  to  replace  the  same  in  the  same  state  and  condition  as  it 
was  in  before  they  dug  up  the  same.     And  for  further  relief. 


[nfonnation    against  opening:  a  Fool-wfnj  far  a  Carriage 

Road 

Informing,  sheweth  unto  your  Lordship,  sir  E.  L.  knight,  his  majesty's 
attorney-general,  at  the  relation  of  A.  B.  &rc.  &c.  that  there  is  situate, 
lying,  and  being,  within  the  parish  of  St.  J.  in  the  city  of  W.  a  certain 
jjublic  street,  called  V.  lane,  learling  iVom  a  certain  other  public  street, 
called  B.  street,  to  a  certain  other  public  street,  called  G.  street,  and 
communicating  on  the  north  side  thereof  with  certain  other  public  streets 
called  C.  street,  old  B.  street  and  S.  row.  And  his  majesty's  attorney- 
jrcneral,  l>y  the  relation  aforesaid,  further  sheweth,  &c.  that  at  the  east 
end  of  the  said  street,  called  V.  lane,  there  is  a  certain  other  public  street, 
called  S.  street,  leading  from  thence  into  a  certain  other  public  street, 
called  1*.  and  that  along  the  south  side  oi  said  street,  called  V.  lane, 
from  S.  street  to  B.  street,  there  is,  and  for  many  years  past  hath  been  a 
common  and  public  foot-path,  which  hath  been  from  lime  to  time  paved 
with  tlag-btones,  at  the  expense  of  the  inhabitants  of  the  said  parish  of 
St.  J.  for  the  convenience  of  persons  passing  and  repassing  on  foot,  the 


INFORMATIONS.  O  iV 

said  street  culled  V.  lane,  being  a  great  puhlic  thoroughfare  for  foot  pas- 
sengers from  I),  street  to  S.  street,  aUhougii  there  is  not,  nor  ever  hath 
been  any  thoroughfare  for  carriages  along  the  said  street  from  B.  street  to 
S.  street,  by  reason  of  certain  wooden  posts,  are,  and  ever  since  the  mak- 
ing of  the  said  street  called  V.  lane^  have  been  placed  across  the  said 
street,  a  few  feet  to  the  eastward  of  S.  row.  And  his,  &:c.  that  the  said 
common  and  public  footway  from  B.  street  to  S.  street,  is,  and  ever  since 
the  making  of  the  same,  hath  been  bounded  on  tlie  south,  for  the  most 
part,  by  a  certain  ancient  brick  wall,  whicii  forms  the  north  fence  and 
boundary  of  certain  lands  called  IM.  gardens  and  B.  gardens,  and  that 
there  is  not,  nor  ever  hath  been  any  public  way  or  opening  on  the  north 
side  of  the  said  footway,  so  that  his  majesty's  subjects  in  passing  and  re- 
passing on  the  same  footway,  have  at  all  times  had  the  free  and  uninter- 
rupted use  thereof  without  any  hurt,  hindrance,  or  obstruction  whatsoever. 
And  his,  &c.  that  upward  of  years  since  the  then  owners  of  tlie  said 

lands,  called  M.  gardens  and  B.  gardens  severally  claimed  a  riglit  to 
open  a  public  street  or  way  from  P.  through  their  said  respective  lands 
into  the  said  street  called  V.  lane,  and  threatened  to  make  a  public  street 
or  streets  accordingly,  but  such  claim  being  resisted  on  the  part  of  the 
proprietors  and  inhabitants  of  the  said  several  streets,  called  V.  lane,. 
C.  street,  old  B.  street,  and  S.  row,  by  reason  of  the  disturbance  and 
injury  that  would  thereby  be  occasioned  to  the  said  several  streets,  the 
said  owners  to  the  said  lands  thought  fit  to  abandon  such  claim.  And 
afterwards,  by  an  act  of  parliament  made  and  passed  in  the  12th  year 
of  the  reign  of  his  present  majesty,  intituled  "  An  act,  &c."  It  was 
provided,  &c.  which  provision  was  inserted  in  the  said  act  of  parlia- 
ment for  the  purpose  of  protecting  the  said  streets,  called  V.  lane,  S.  row, 
C.  street,  and  old  B.  street,  from  any  thoroughfare  for  carriages  from 
P.  to  the  said  street  called  V.  lane,  by  the  way  of  S.  street,  or  by  any 
other  means  than  by  the  way  of  B.  street.  And  his,  &c.  that  his  royai 
highness  the  duke  of  Y.  proprietor  of  the  said  lands  called  M.  gardens,, 
and  the  Defendant  hereinafter  named,  hath  formed  a  plan  for  making, 
and  is  about  to  make  a  public  street  or  way  for  horses,  carts,  and  carriages, 
from  P.  through  the  said  lands,  called  M.  gardens  into  the  said  streit, 
called  V.  lane,  over  the  aforesaid  common  and  public  footway  on  the 
south  side  of  the  said  street ;  and  in  and  towards  the  execution  of  sucli 
plan,  hath  actually  made  an  opening  in  the  said  ancient  boinidary-wali> 
and  hath  taken  up  a  part  of  the  flag  pavement  of  ilie  said  foot-way.  And 
his,  &c.  that  such  public  street  or  way  so  intended  to  be  made  by  the  said 
Defendant  his  royal  highness  the  duke  of  Y.  if  carried  into  execution, 
will  greatly  interrupt  and  obstruct  the  said  common  and  public  footway 
on  the  south  side  of  the  said  street,  called  V.  lane,  and  will  be  to  the  great 
damage  and  common  nuisance  of  all  his  majesty's  sul)jects  passing  and 
repassing  by  the  said  footway.     And  his,  frc  that  such   intended   street. 


380  liNFORxMATIOiNS. 

if  carried  into  Execution,  will  be  opposite  to  the  end  of  S.  row,  and  west- 
ward of  the  said  wooden  posts,  so  as  aforesaid  placed  across  tlie  said 
street,  called  \.  lane,  and  by  making  a  direct  thoroughfare  for  horses, 
carts,  and  carriages  from  P.  into  the  said  street  called  V.  lane,  will  actu- 
ally defeat  the  provision  made  as  aforesaid  in  the  said  act  of  parliament, 
for  the  protection  of  the  said  streets,  called  \.  lane,  S.  row,  C.  street, 
and  old  B.  street,  from  any  thoroughfare  for  carriages  from  P.  other  than 
by  the  way  of  B.  street,  and  will  therefore  be  contrary  to  the  true  intent 
and  moaning  and  spirit  of  the  said  act  of  pailiament. 

Inqiiii-iJ. 

To  the  end  therefore,  that  his  royal  highness  the  duke  of  Y.  may,  upon 
his  honor,  and  according  to  the  best  of  his  knowledge,  remembrance, 
in/brmation,  and  belief,  full,  true,  and  perfect  answer  make  to  all  and 
singular  the  matters  aforesaid,  as  fully  and  particularly  as  if  the  same 
were  here  again  repeated,  and  he  hereunto  distinctly  interrogated,  &c. 

Praijer. 

And  that  the  said  Defendant  may  answer  the  premises.  And  that  the 
said  Defendant,  his  agents,  servants  and  workmen,  may  be  restrained 
by  the  order  and  injunction  of  this  honorable  Court,  from  proceed- 
ing to  make  and  open  any  public  street  or  way  from  the  said  lands, 
called  M.  gardens  into  the  said  street,  called  V.  lane,  over  the  said 
common  and  public  footway.  And  that  the  Defendant  may  be 
directed  to  replace  the  flag-stones  of  the  said  footway  so  as  aforesaid 
removed  by  him  or  by  his  order,  and  to  put  the  same  footway  into 
the  same  state  and  condition  as  the  same  was  in  before  his  obstruc- 
tion tiicrcofj  as  aforesaid.     And  for  further  relief,  &c. 

.7.  L. 


381 


CHAPTER   VI. 


THE  VARIOUS  DEFENCF.S  TO  A  BILL  IN  CHANCERY. 


iig(99ti 


SECT.  I. ANSWERS. 


AN  answer  must  confess  and  avoid,  or  traverse  and  deny 
the  material  parts  of  the  bill. 

If  the  Defendant  deny  a  fact  charged  in  the  bill,  he  is  to 
traverse  or  deny  it  (as  the  case  requires)  directly,  and  not 
by  way  of  negative  pregnant,  as  if  he  be  charged  with  the 
receipt  of  a  sum  of  money,  he  must  deny  or  traverse,  that 
he  hath  not  received  that  sum  or  any  part  thereof,  or  else 
set  forth  what  part  he  hath  received  and  deny  the  rest. 
And  if  a  fact  be  laid  to  be  done  with  divers  circumstances, 
he  must  not  traverse  or  deny  it  literally,  as  laid  in  the  bill ; 
but  must  answer  the  point  of  substance,  positively  and  cer- 
tainly,    {hord  Clarendon'' s  Orders,  18  Car.  2.) 

An  answer  to  a  matter  charged  as  the  Defendant's  own 
fact,  must  regularly  be,  without  sayings  "  to  his  remem- 
brance or  belief,"  if  laid  to  be  done  within  six  years  before, 
unless  the  Court  upon  exceptions  taken,  shall  find  special 
cause  to  dispense  with  it,  and  as  to  the  fact  of  another, 
which  he  does  not  certainly  know,  he  ought  to  say,  "  he  has 
heard  and  conceives,  or  believes  it  to  be  true,"  or  "  that  he 
does  not  conceive  or  believe,  &c.,"  and  oujjht  not  to  sav 
only,  "  that  he  has  heard." 


3^i  ANSWER3. 

Where  a  particular  combination  is  alleged  in  a  bill,  a 
particular  answer  must  be  given. 

A  Defendant  must  answer  positively,  and  not  on  belief,  as 
to  recent  facts  which  are  in  his  own  knowledge  ;  but  not  as 
to  the  result  and  effect  of  a  conversation  (Harding  v.  Framp- 
sorij  in  the  Exchequer. 

Defendant  is  not  obliged  to  answer  facts  which  are  inter- 
rogated to,  but  which  are  not  charged  in  the  bill :  but  if  he 
does  answer  to  such  facts,  and  the  Plaintiff  applies  to  his 
answer,  they  are  properly  put  in  issue  though  they  were  not 
charged  in  the  bill.     {Per  Lord  Hardwicke,  1   Ves.  538.) 

The  general  charge  as  to  the  fact  of  payment,  enables  the 
Plaintiff,  to  put  all  questions  upon  it  that  are  material  to 
make  out  whether  it  was  paid  ;  and  it  is  not  necessary  to 
load  the  bill  by  adding  to  the  general  charge  that  it  was  not 
paid,  "  that  so  it  would  aj)pcar  if  the  Defendant  would  set 
forth  when,  where,  Sec."  (11   rc6'.  301.) 

In  a  suit  for  an  account,  an  answer  going  no  further  than 
to  enable  the  Plaintiff  to  go  into  the  Master's  office,  is  not 
sufficient ;  he  is  entitled  to  the  fullest  information  the  De- 
fendant can  give  him  by  the  answer,  not  by  long  schedules  in 
an  oppressive  manner,  but  giving  the  best  account  they  can, 
stating  that  it  is  so,  referring  to  books,  &c.  so  as  to  make 
them  })art  of  the  answer,  and  giving  the  fullest  opportunity 
of  inspection.     (8  Ves.  193.) 

An  administrator  disputing  by  his  answer  the  foundation 
estate,  and  submitting  to  be  examined  upon  interrogatories, 
need  not  set  forth  an  account  of  the  personal  estate,  &c.  by 
way  of  schedule.    (4  Ves.  107.) 


ANSWERS.  383 

If  the  discovery  sought  by  the  bill,  is  matter  of  scandal,  or 
will  subject  the  Defendant  to  any  pain,  penalty,  or  forfei- 
ture, or  to  any  ecclesiastical  penalty  or  punishment,  he  is 
not  bound  to  make  answer  thereto  ;  and  if  he  pleases,  he  may 
insist  by  answer,  that  he  is  not  bound  to  make  the  discovery. 
( Vide  Wtj.  Pract.  Reg.  24,  and  the  cases  there  cited.) 

Lord  Eldon  was  of  opinion,  that  an  answer  clearly  evasive 
npon  the  face  of  it,  and  no  reason  assigned  how  it  happens 
that  he  can  put  in  no  better  answer,  ought,  by  general  order 
to  be  made  by  the  Court,  to  be  considered  as  a  contempt 
of  the  court.     (9  Ves.  463,  et  179.) 

Impertinence  is,  where  the  pleadings  are  stuffed  with 
long  recitals,  or  with  long  digressions  of  matters  of  fact, 
which  are  altogether  unnecessary,  and  totally  immaterial 
to  the  point  in  question  ;  as  where  a  long  deed  is  stated, 
which  is  not  prayed  to  be  set  forth  in  hcec  verba. 

An  answer  ought  not  ordinarily  to  set  forth  deeds  in 
hcEc  verba;  and  though  the  bill  prays  they  may  be  set 
forth,  yet  if  the  Defendant  in  his  answer  says,  he  is  ready 
to  let  the  Plaintiff  have  copies  of  them,  or  if  he  does  not  say 
so,  but  sets  forth  only  that  part  to  which  the  inquiry  tends, 
it  is  sufficient ;  and  the  court  will  order  that  the  Plaintiff 
have  liberty  at  his  own  charge  to  take  copies  of  them  with- 
out sending  them  to  a  master,  or  order  the  Defendant 
#0  j)roduce  them  on  an  examination  of  witnesses. 

An  answer  must  contain  nothing  scandalous  or  imperti- 
nent ;  but  nothing  relevant  is  deemed  scandalous.  (Mos.  45 
mid  70.) 

Matter  in  an  answer  relevant,  according  to  the  case  made 
by  the  bill,  is  not  scandalous,  whatever  may  be  the  nature 
©f  it.    (11  Ves.  526.) 


384  ANSWERS. 

Whatever  part  of  a  bill  is  not  covered  by  a  demurrer  or 
plea,  must  be  defended  by  answer,  unless  the  Defendant 
disclaims ,  if  the  plea  be  over-ruled,  the  Defendant  may 
insist  upon  the  same  matter  by  answer.  (3  P.  W.  9.3. 
1  Atk,  450.) 

If  fraud  be  charged  in  a  bill,  it  must  be  denied  by  an- 
swer and  not  by  way  of  plea.     (1  Vern.   18.5.) 

An  answer  in  misnaming  the  Plaintiff  was  considered 
as  no  answer  ;  the  Defendant  therel'ore  was  considered  not 
bound  by  it,  and  a  proper  answer  being  put  in,  the  former 
was  ordered  to  be  taken  off  the  file  by  the  description  of  a 
paper  writing,  purporting  to  be  an  answer.  (1 1  Ves.  62.) 

As  a  further  answer  is  considered  as  forming  part  of  the 
first  answer,  so  an  answer  to  an  amended  bill  is  consi- 
dered as  part  of  the  answer  to  the  original  bill,  as  much  as 
if  it  had  been  engrossed  on  the  same  parchment,  and  part 
of  the  same  record  ;  therefore  if  a  Defendant  in  further 
answer,  or  an  answer  to  an  amended  bill,  repeat  any  thing 
contained  in  a  former  answer,  the  repetition,  unless  it  varies 
the  defence  in  point  of  substance,  will  be  considered  as  im- 
pertinent.    (3  Atk.  303.) 


ANSWERS.  38"5 


An  Answer  by  Executors  denying  Assets,  and  staling  that 
the  Estate  is  indebted  to  the  Executors. 

The  answer  of  P.  C  ,  esq.  one  of  the  Defendants,  to  a  bill 
of  complaint  of  T.  R.  Complainant. 

This  Defendant  now  and  at  all  times  hereafter,  saving  and  reserving  to 
himself  all  and  all  manner  of  benefit  and  advantage  of  exception  to  the 
raaiiifold  errors,  uncertainties,  imperfections,  and  insufficiencies  in  the 
said  Complainant's  said  bill  of  complaint  contained,  for  answer  theroynto, 
or  unto  so  much,  and  such  parts  thereof,  as  he  this  Defendant  is  advised, 
is  material  for  him  this  Defendant  to  make  answer  unto,  he  this  De- 
fendant answering,  saith,  that  he  denies  that  A.  M.  in  the  said  Complain- 
nnt's  bill  mentioned,  was,  at  the  time  of  making  her  will,  possessed  of 
a  considerable  personal  estate  ;  but  this  Defendant  admits  that  the  said 
A.  M.  did,  on  or  about  tlie  time  in  the  said  Complainant's  bill  for  that 
purpose  mentioned,  duly  make  arid  execute  her  last  will  and  testament 
of  such  date,  purport,  and  effect,  as  in  the  said  Complainant's  said 
bill  of  complaint,  is  for  that  purpose  particularly  mentioned,  and  that 
•he  thereby  gave  to  the  said  T.  R.  her  brother  an  annuity  or  yearly  rent- 
charge  of  £  a  year,  payable  quarterly  ;  but  the  said  Testatrix  A.  M. 
did  not,  in  and  by  her  said  will  give  any  directions  out  of  what  particular 
fund  the  said  annuity  of  £  a  year  should  be  paid.  And  this  Defen- 
dant admits  that  the  said  Testatrix  by  her  said  will,  gave  several  other 
legacies,  and  thereby,  after  having  devised  to  her  daughter  M.  M.  (now 
31.  P.)  her  executors,  administrators,  and  assigns  for  ever,  all  the  rest 
and  residue  of  her  estate,  of  what  nature,  kind,  or  quality  soever,  she  the 
said  Testatrix  A.  M.  appointed  him,  tiiis  Defendant,  and  M.  his  wife, 
together  with  J.  R.  and  T,  P.  since  deceased,  joint  executors  of  her 
said  will. 

And  this  Defendant  further  answering,  saith,  that  tlie  said  A.  M.  on 
or  about  the  day  of  which  was  in  the  year  of  our 

Lord  ,  departed  this  life  wilhout  revoking  or  altering  her  said  will, 

and  that  soon  after  the  said  A.  M>'s  death,  he  this  Defendant  togetlier 
V'ith  M.  his  late  wife,  J.  R.  and  T.  P.  duly  proved  the  said  A.  iM.'s  will 
in  the  Prerogative  Court  of  the  archbi>hop  of  C.  and  took  upon  them- 
selves the  burthen  of  the  execution  thereof ;  but  this  Defendant  absolutely 
denies  that  he  ever  possessed  any  part  of  the  personal  estate  or  effects  of 
the  said  A.  M.  save  and  except  a  few  houseliold  goods  of  very  trifling 
value,  or  that  to  his  knowledge,  information  or  belief,  the  said  A.  M.  died 
possessed  of  personal  estate  or  effects  to  any  considerable  value,  or  even 
sufficient  to  pay  her  debts  and  legacies ;  but  on  the  contrary,  he  this 
Defendant  saith,  that  he  this  Defendant  did,  for  the  honor  and  credit  of 

60 


386  ANSWIJKS. 

and  in  rrspocl  to  llie  meiiioi y  ol"  ihe  said  A.  IM.  licccased,  paid  divoM 
sums  of  his  own  proper  nionov,  as  well  in  discharging  several  debts  of 
the  said  A.  IM.  as  in  the  ])aymcnt  of  legacies  given  by  her  the  said  A.  JNI. 
to  her  poor  relations,  and  nUo  towards  the  support  and  maintenance  of 
the  said  Complainant  T.  K.  who  is  a  })erson  in  indigent  circumstances, 
imprndently  and  totally  incapable  of  making  a  proper  use  of  his  money  j 
and  for  which  reason,  he  this  Defendant  caused  such  sums  of  mon6y  as 
he  from  time  to  time  advanced  to  tlie  said  T.  11.  to  he  paid  and  applied 
in  necessaries  for  him. 

And  this  Defendant  further  answering  saitij,  tliat  his  late  wife  M.  C, 
in  the  life-time  of  the  said  A.  M.,  fruu)  her  knowledge  of  the  said 
A.  M."s  being  in  bad  circumstances  and  wanting  money,  did,  for  some 
time  before  her  death,  buy  with  his  this  Defendant's  money,  provision  for 
the  said  A.  IM.  and  her  family,  and  that  the  said  M.  C.  also  paid  the  said 
A.  iM.'s  phvsician  his  fees  during  the  said  A.  M.'s  last  sickness,  likewise 
with  this  Defendant's  money,  and  for  which  reason  he  this  Defendant  is 
well  satisfied  that  the  said  A.  J\l.  died  in  very  indifferent  circumstances, 
and  left  little  or  no  personal  estate  at  her  death. 

And  this  Defendant  further  answering  sailh,  that  he  hath  heard  and 
believes  it  to  be  true,  tliat  the  said  A.  M.  was  in  her  life  time  possessed 
of  some  trifling  real  estate  at  W.  in  tiie  parish  of  15.  in  the  county  of  N., 
of  the  value  of  about  -£  a  year  to  whicli  slie  was  entitled  for  her  life 
only  ;  and  that  upon  her  death  the  other  Defendant  M.  1*.,  as  her 
only  daughter  and  heir  at  law,  became  (TititJed  thereto,  an<l  this  Defen- 
dant hath  likewise  heard  and  believes,  that  the  ^~aid  A.  M.  was,  at  the 
time  of  her  death,  possessed  of  another  freehold  estate,  left  her  by  the 
will  of  —  P.  deceased,  for  her  life  only,  ami  after  her  decease,  to  the 
said  Defendant  INI.  B.  and  her  heirs. 

And  thi.-.  Defendant  further  answering  saith,  that  he  knows  of  no  other 
freehold,  leasehold,  or  copyhold  estate,  of  wiiich  tlie  said  A.  M.  died 
possessed. 

And  this  Defendant  hutlicr  answering  saith,  that  he  liath  lu'ard  and 
believes  that  the  other  Defendants  J.  P.  and  M.  his  wite  have,  since  the 
decease  of  the  said  A.  M.,  sold  and  dis|X)sed  of  the  said  lands  and  pre- 
mises at  W.  aforesaid. 

And  this  Defendant  further  answering  saith,  that  he  tliis  Defendant, 
or  the  other  Del'endant  J.  R.,  to  the  knowledge,  information,  or  belief 
of  him  this  Defendant,  ever  paid  several  considei'able  sums  of  money,  or 
any  sum  of  money  wliatsocver,  on  account  of  the  personal  estate  of  the 
said  A.  M.,  into  the  hands  of  (he  other  Defendants  J.  P.  and  M.  his 
uife,  or  either  of  them  ;  neither  does  this  Defendant  know,  or  ever 
heard,  save  by  the  said  Complainant's  said  bill  of  complaint,  that  the  said 
M.  C.  this  Defendant's  late  wife,  and  J.  T.  deceased,  or  either  of  them. 


ANSWERS^  387 

did  in  their  respective  life-times,  out  of  the  personal  estate  which  they 
received  of  the  said  A.  M.,  pay  her  the  said  A.  M.'s  debts  and  legacies, 
neither  does  tliis  Defendant  know  of  the  said  M.  C.  or  the  said  J.  T.'s 
having  ever  possessed  any  part  of  the  said  A.  M.'s  personal  estate,  (if 
any  she  had,)  save  and  except  a  few  household  goods  which  this  De- 
fendant hath  heard  and  believes  they  the  said  M.  C.  and  J.  T.  in  their 
life-times  sold  for  the  sum  of  =£  ,  or  some  such  small  sum  of  money, 

as  this  Defendant  hath  been  informed,  but  which  said  sum  of  £  ,  or 
any  part  thereof,  never  came  to  tlie  hands,  cu.stody,  or  power  of  this 
Defendant,  neither  was  this  Defendant  privy  to  the  sale  thereof,  or  ever 
had  or  saw,  to  the  best  of  his  remembrance  or  belief,  any  written  ac- 
count thereupon,  or  any  inventory  of  the  said  household  goods,  neither 
can  he  set  forth  the  particulars  thereof,  having  never  been  in  the  pos- 
session of  the  said  household  goods,  or  of  any  inventory  or  account 
tht'reof ;  but  this  Defendant  is  well  satisfied  that  the  said  A.  M.  was  in- 
debted to  his  late  wife  the  said  M.  C.  in  her  hfe-time  in  a  much  greater 
sum  of  money  than  the  amount  of  such  household  goods. 

And  this  Defendant  further  answering  saith,  that  he  hath  heard  and 
believes,  that  the  other  Defendant  J.  II.  was  in  the  receipt  of  the  rents 
and  profits  of  the  lands  and  premises  at  W.  from  the  death  of  the  said 
A.  M.  to  the  time  of  the  said  other  Defendant  J.  P.  and  M.  his  wife's 
selling  the  same ;  and  that  he  the  said  J.  R.  during  the  time  he  was  so  in 
the  receipt  of  the  said  rents,  did  out  of  such  rents  and  profits  pay  to,  or 
to  the  use  of  the  said  Complainant,  the  said  rent  of  the  said  premises, 
and  that  by  such  payments,  the  said  annuity  of  =£  a  year  must  have 
been  overpaid  and  unsatisfied  to  the  said  Complainant.  And  this  De- 
fendant submits  to  this  honorable  Court,  that  as  he  hath  possessed  no 
assets  of  the  said  A.  M.  he  is  in  no  respect  bound  to  pay  the  said  an- 
nuity or  to  come  to  any  account  with  the  said  Complainant  in  respect 
thereto.  And  this  Defendant  submits  it  to  this  honorable  Court  that  lie 
is  well  entitled  and  ought  in  justice  to  receive  out  of  the  said  A.  iM.'s 
personal  estate,  (if  she  left  any,)  all  such  sums  and  sum  of  money 
which  he  this  Defendant  hath  paid  for  her  the  said  A.  M.,  or  on  her  ac' 
count.  And  this  Defendant  denies  that  he  hath  been  applied  to  for  tlie 
several  purposes  alleged  by  the  said  Complainant,  otherwise  than  by  the 
said  Complainant's  said  bill  of  complaint.  And  this  Defendant  denies 
all  and  all  manner  of  unlawful  combination  and  confederacy  in  tite  said 
Complainant's  said  bill  of  complaint  charged.     Without  that.  &c. 


388  ^  ANSWERS. 

Answer  of  cm  Infant  Defendant,  admitting  the  Allegations 
in  the  Bill,  and  submitting  his  Bights  to  the  Court. 

This  Defendant  saviiiQ-.  cVc.  saith,  lie  bolieves  it  to  be  true,  that  W.  R. 
deceased,  in  tlie  said  bill  of  complaint  named,  did  shortly  before  his 
death,  duly  make  and  publish  his  last  will  and  testament  in  writing,  to 
such  purport  or  eflect  as  in  the  said  bill  of  complaint  in  that  behalf  set 
forth,  and  that  the  same  was  executed  nnd  attested  in  the  manner  required 
by  law  for  passing  freehold  property. 

And  this  Defendant  further  answering  as  aforesaid  saith,  he  believes 
that  the  said  W.  R.  the  Testator,  departed  this  life  at  or  about  the  time 
in  the  said  bill  mentioned,  without  having  revoked  or  altered  his  said 
will,  and  that  W.  H.,  S.  11.,  and  R.  B.,  three  other  of  the  Defendants 
in  the  said  bill  of  con)plaint  named,  duly  proved  the  said  will  in  the 
Prerogative  Court  of  the  archbishop  of  C,  and  took  upon  themselves 
the  execution  thereof. 

And  this  Defendant  Anther  answering  as  aforesaid  saith,  he  believes 
it  to  be  true  that  the  said  Testator  at  the  time  of  making  his  said  will, 
and  at  the  time  of  his  death,  was  seised  or  entitled  in  fee-simple  in  pos- 
session to  a  considerable  freehold  estate,  but  of  what  the  said  estate  con- 
sisted, and  where  situate,  this  Defendant  is  unable  to  set  forth.  And  this 
Defendant  believes,  that  the  said  estate  was,  sometime  after  his  the  said 
Testator's  death,  sold  and  disposed  of  by  the  said  W.  H.,  S.  H.,  and  K. 
B.,  but  this  Defendant  doth  not  know  by  whom  in  particular,  or  for  what 
sums  of  money,  or  by  whom  the  same  were  received.  And  this  Defen- 
dant believes,  that  the  said  W.  H.,  S.  II.  and  R.  B.  possessed  themselves 
of,  and  got  in  and  received  all  the  personal  estate  and  effects  of  the  said 
Testator,  and  that  the  same,  togetiier  with  the  money  arising  from  the 
sale  of  the  said  real  estate,  was  greatly  more  than  sufficient  to  pay  and 
satisfy  all  the  debts  and  funeral  expenses  of  the  said  Testator,  and  the 
several  pecuniary  legacies  bequeathed  by  his  said  will. 

And  this  Defendant  answering  as  aforesaid  saith,  he  believes  that  the 
said  Testator  left  11.  R.  his  widow,  and  E.  R.  his  eldest  son  and  heir  at 
law,  and  such  other  children  as  in  the  said  bill  of  complaint  is  men- 
tioned. And  this  Defendant  saith,  that  E.  R.  one  of  the  said  children, 
intermarried  with  J.  M.,  and  that  the  said  E.  Jl.,  afterwards  IM,,  hath 
since  departed  this  life,  leaving  this  Defendant  her  only  child.  And  this 
Defendant  saith,  that  he  is  an  infant  of  the  age  of  years,  or  there- 

abouts, and  humbly  submits  his  rights  and  interests  in  the  matters  in 
question  to  the  protection  of  this  honorable  Court. 


ANSWERS.  3S9 

Answer  hiHistin^  on  a  stated  Account,  and  Slalate  of  Limi- 
tations as  a  Bai  to  Plaintiffh  Demand. 

These  Defendants,  &c.  that  Defendants,  on  or  about,  &^c.  sent  to  Plain- 
trtf,  as  agents  for  his  father,  the  late  Sir  J.  G.  bart.  deceased,  a  stated  ac- 
count, on  balance  of  which  said  account  there  appeared,  and  then  was 
justly  due  to  Defendants  from  said  Sir  J.  G.  the  sum  of  £  ,  v.-hich  ac- 
count said  I'hiiiUiff.  by  letter  dated,  A'c.  acknowledged  that  lie  li;id  received, 
and  made  no  doubt  of  its  being  right ;  and  said  account  was  then  and 
from  that  time  subject  and  open  to  the  inspection,  exaniinaiion,  and  objec- 
tion of  said  Sir  J.  G.,  or  Plaintiff,  or  of  any  accoiuptant,  merchant,  or 
other  person,  to  be  employed  by  them  or  either  of  tlu-m,  for  years 

after  said  account  was  so  stated  and  delivered,  but  no  objection  was 
made  to  same  at  any  time  within  years,  nor  any  demand  made,  or 

process  sued  out  against  Defendants,  or  either  of  them,  in  order  to 
make  them  account  or  alter  the  same  in  any  respect  within  years  from 
the  time  of  such  statement  and  delivery.  And  Defendants  insist,  that  if 
Plaintiff,  or  Sir  J.  G.,  or  his  executors,  liad  any  cause  of  complaint 
against  Defendants,  owing  to  any  overcharge  in  any  of  the  items  or 
articles  of  said  account,  by  demand,  action,  or  suit,  or  otherwise,  the 
same  did  arise  or  accrue  above  years  before  said  Plaintiff's  com- 

mencing his  said  suit,  or  serving  Defendants  with  process  to  appear  and 
answer  thereto,  and  therefore  such  demand,  action,  or  suit,  within  the 
true  reason  of  the  statute  made  in  the  twentv-tirst  year  of  the  reign  of 
his  majesty  king  James  I.  for  the  limitations  of  actions,  and  avoiding  of 
suits,  should  have  been  pursued,  if  at  all,  within  that  time. 

Say,  that  they  did  not  at  any  time  before  the  expiration  of  years, 

or  since  that  time  agree  to  come  to  any  account,  or  to  make  any  satii- 
faction,  or  to  reduce  the  said  demands  on  such  balance,  as  injustice  and 
equity  they  submit  they  need  not ;  insist  that  Plaintiff,  not  only  from  the 
fairness  and  justice  of  the  several  items  or  articles  in  said  account,  but 
also  from  the  long  usage  that  Defendants  and  their  predecessors  had  in 
making  such  charges,  and  the  acquiescence,  as  well  of  Plaintiff  as  of  Sir 
J.  G.  and  his  executors  in  the  same,  ought  not  to  controvert  or  dispute 
same,  or  any  of  the  items  or  articles  therein,  and  the  rather,  as  Plaintiff 
himself  at  several  times  since  the  delivery  to  him  of  the  atoresaid  ac- 
count, admitted,  as  Defendants  believe  and  hope  to  prove,  that  the 
charges  and  items  made  by  Defendants  in  said  account  were  reasonable, 
fair  and  just,  and  that  he  had  no  objection  to  the  same,  or  to  any  of 
them. 

Say,  that  the  said  account  was  always  considered,  after  it  was  so  deh- 
vered  as  aforesaid,  to  be  an  account  finally  settled,  concluded,  and  agreed 
upon,  and  that  though  there  w.ts  not  a  particular  acknowledgment  in 


390  ANSWERS. 

writing  to  shew  it  was  so  agreed  upon,  t!iat  being  an  unusual  precaution 
with  Defendants,  and  in  some  degree  needless,  the  said  items  and  charges 
having  been  so  long  used,  known,  and  approved  of,  yet  as  well  for  the 
several  reasons  above  mentioned,  as  by  Plaintifi'  regularly  stating  the 
said  balance  as  the  foundation  of  Defendants"  subsequent  debt  due  from 
Sir  J.  G.  as  an  acknowledged  debt,  same  must  be  considered  as  a  stated 
and  settled  debt. 


Answer  by  an  Executor,  an  accoiiniing  Party  to  a  Bill  by 

Legatee. 

Answer  of  P.  INI.,  one  of  the  Defendants  to  the  original  and 
amended  bill  of  complaint  of  T.  M.  Complainant. 

This  Defendant,  &c.  He  this  Defendant  answering  saith,  he  admits 
that  the  Testator  S.  M.  in  the  said  ^Complainant's  bill  named,  was,  at  the 
time  of  making  his  will  and  codicil,  and  at  the  time  of  his  death,  seised 
or  entitled  in  fee-simple  of  and  to  certain  real  estates,  the  names  whereof 
this  Defendant  hath  set  forth  in  the  first  schedule  to  this  his  answer  an- 
nexed, and  which  he  prays  may  be  taken  as  part  thereof. 

And  tliis  Defendant  further  answering  saith,  that  the  said  Testator, 
after  making  and  publishing  his  said  will  and  codicil,  purchased  certain 
other  real  estates,  which  this  Defendant  hath  also  specified  in  the  said 
schedule.  And  this  Defendant  has  never  heard,  nor  does  he  believe 
that  the  said  Testator  ever  republished  his  said  will  and  codicil,  or  either 
of  them,  after  making  such  last  mentioned  purchases,  and  therefore  he 
submits  such  after-purchased  lands  descended  upon  him  as  the  heir  at 
law  of  tiie  said  Te-ilalor. 

And  tliis  Defendant  further  answering  saith,  he  admits  that  the  said 
Testator  was,  a',  the  time  of  his  death,  possessed  of  and  entitled  to  a 
personal  estate,  consisting  of  such  particulars  as  in  the  said  Complain- 
ant's bill  mentioned,  and  more  particularly  set  forth  in  the  second  sche- 
dule to  this  Defendant's  answer  annexed,  and  which  he  prays  may  also 
be  taken  as  part  thereof.  And  this  Defendant  further  saith,  he  believes 
that  the  said  Testator,  when  he  was  of  sound  and  disposing  mind,  me- 
mory and  understanding,  duly  made  and  published  his  last  will  and 
testament  in  writing,  bearing  date  on  or  alx)ut  the  ,  in  such  words, 

and  to  such  purport  and  effect  as  in  the  said  Complainant's  bill  men- 
tioned, so  far  as  the  same  is  therein  set  forth. 

And  this  Defendant  further  saith,  he  believes  that  the  said  Testator 
duly  made  a  codicil  to  his  said  will,  bearing  date  the  ,  to  such 

purport  and  effect  as  in  the  said  Complainant's  bill  mentioned,  and  that 
such  will  and  codicil  were  duly  executed,  so  as  to  pass  lands  o(  inhcritr 


ANSWERS.  391 

ance.  And  this  DtfencUint  further  saith,  the  Complainant  has  ?n  his  said 
bill  very  shortly  stated  the  said  will,  which  this  Defendant  apprehends 
admits  of  some  doubt  as  to  the  true  construction  thereof,  and  which  said 
will  and  codicil  are  in  the  following  words,  (that  is  to  say,)  &c.  &c.  And 
this  Defendant  further  saith,  that  the  codicil  to  the  said  will  was  in  the 
words  and  figures  following,  (that  is  to  say,)  Arc.  &c. 

And  this  Defendant  further  answering  saith,  he  believes  that  the  said 
Testator  S.  M.  departed  this  life  on  or  about  the  ,  without  revoking 

or  altering  the  said  will  and  codicil,  save  as  the  said  will  is  altered  by  the 
said  codicil. 

And  this  Defendant  further  answering  saith,  he  admits  that  the  said 
Testator  left  this  Defendant  his  heir  at  law,  and  the  said  Complainant 
and  the  other  natural  children  named  in  the  said  will  and  codicil  him  sur- 
viving. 

And  this  Defendant  further  answering  saith,  he  admits  that  he  this 
Defendant  alone  proved  the  said  will  and  codicil,  in  the  Prerogative 
Court  of  the  archbishop  of  B.,  and  this  Defendant  ipossessed  all  the  per- 
sonal estate  of  the  said  Testator  to  the  amount  mentioned  and  set  forth 
in  the  second  schedule  to  this  Defendant's  answer  annexed. 

And  this  Defendant  further  answering  saith,  he  admits  that  he  hath 
entered  upon  the  said  Testator's  real  estates,  of  which  the  said  Testator 
was  possessed  at  the  time  of  making  his  said  will  and  codicil,  and  re- 
ceived the  rents  and  profits  thereof  for  such  length  of  time,  and  to  such 
amount  as  is  mentioned  and  set  forth  in  the  second  schedule  to  this  De- 
fendant's answer  annexed. 

And  this  Defendant  further  answering  saith,  that  since  the  death  of 
the  said  Testator  he  hath  sold  and  disposed  of  the  said  real  estates  which 
the  said  Testator  possessed  at  the  time  of  making  his  said  will  and  codi- 
cil, the  particulars  of  which,  and  the  amount  thereof,  \\m  Defendant 
hath  set  forth  in  the  said  second  schedule  to  this  Defendant's  answer 
annexed. 

And  this  Defendant  further  answering  saith,  that  he  did  employ  pari 
of  the  money  arising  from  the  real  and  personal  estate  of  the  said  Tes- 
tator, in  fulfilling  such  /:ontracts  as  the  said  Testator  was  engaged  in  at 
jlhe  time  of  his  death,  and  which  is  accounted  for  in  the  said  second 
schedule  to  this  Defendant's  answer  annexed,  whereby  it  will  appear 
what  interest,  profit,  or  advantage  hath  been  made  by  such  monies  so 
employed  j  and  this  Defendant  also  employed  part  of  such  monies  in 
his  trade. 

And  this  Defendant  further  answering  ?aith,  that  he  hath  in  the  said 
second  schedule  to  this  Defendant's  answer  annexed,  calculated  the 
amount  of  government  securities  which  the  said  Testator's  estate,  come 
^  the  hands  of  this  Defendant,  wuuJd  iiave  purcliased,  if  the  s^me  liad 


392  ANSWERS. 

been  by  this  Defendant,  from  time  to  time  laid  out  in  government  securi- 
ties, and  for  which  this  Defendant  submits  to  answer  to  account,  as  part 
of  tlie  personal  estate  o[  the  said  Testator,  subject  to  the  demands  to 
which  such  personal  estate  is  liable. 

And  this  Defendant  further  saith,  that  he  hath  in  the  first  schedule  to 
this  his  answer  annexed,  set  forth  a  ftdl,  true,  just,  and  particular  account, 
of  all  and  every  the  real  estates  which  the  said  Testator  was  seised  of  or 
entitled  to  in  fee-simple  at  the  time  of  making  his  said  will  and  codicil, 
and  which  be  continued  to  be  seised  at  the  time  of  his  death,  with  the 
name  or  names  thereof,  and  of  each  and  every  part  thereof,  and  where 
the  same,  and  each  and  every  part  thereof  is  situate;  and  in  the  second 
schedule,  the  yearly  value  thereof,  and  of  each  and  every  part  thereof, 
and  in  whose  tenure  or  occupation  the  same,  and  each  and  every  part 
thereof,  now  is,  and  from  time  to  time  since  the  death  of  the  said  Tes- 
tator hath  been,  and  under  what  yearly  or  other  rent  or  rents,  and  what 
part  of  the  time  since  the  death  of  the  said  Testator  this  Defendant 
hath  been  in  possession  or  receipt  of  the  rents  and  profits  thereof,  and  of 
what  parts  thereof,  and  who  hath  been,  and  for  how  long  time,  in  pos- 
session of  the  receipts  of  the  rents  and  profits  thereof,  and  of  each  and 
every  part  thereof. 

And  this  Defendant  further  answering  saith,  he  hath  in  the  said  se- 
cond schedule  to  this  his  answer  annexed,  set  forth  a  full,  true,  perfect, 
and  particular  account,  of  the  rents  and  profits  of  the  said  premises  re- 
ceived by  him,  or  by  an}'  person  by  his  order,  or  for  his  use :  and  also  a 
full,  true,  and  particular  account  of  all  and  every  sum  and  sums  which 
have  or  hath  at  any  time,  and  when,  been  received  by  this  Defendant,  or 
by  any  other  person  or  persons  by  his  order,  or  for  his  use,  for  or  on  ac- 
count of  the  rents  and  profits  of  the  said  estates,  or  any  part  thereof,  be- 
come due  since  the  death  of  the  said  Testator,  or  for  or  on  account  of  the 
sale  of  the  said  estates,  or  any  part  or  parts  thereof. 

And  this  Defendant  further  answering  saith,  he  hath  in  the  said  se- 
cond schedule  to  this  his  answer  annexed,  set  forth  a  full,  true,  and  par- 
ticular inventory  of  all  and  singular  the  goods,  chattels,  and  personal 
estate  and  eflects  whatsoever,  which  the  said  Testator  was  possessed  of, 
•entitled  to,  or  interested  in,  at  the  time  of  his  death,  and  all  the  particu- 
lars whereof  the  same  consisted,  and  the  natures,  kinds,  quantities,  full, 
true,  and  real  values  thereof,  and  of  every  part  thereof,  together  with 
such  particulars  as  have  been  possessed  or  received  by,  or  come  to  the 
hands  of  this  Defendant,  or  of  any  other  person  or  persons  by  his  order, 
or  for  his  use,  and  how,  and  in  what  manner,  and  when,  and  where,  and 
by  whom,  and  to  whom,  and  for  how  much  the  same  and  every  part 
thereof  hath   been  sold  or  disposed  of.     And  this  Defendant  saith,  he 


ANSWERS.  39S 

believes  that  the  said  Complainant  attained  his  age  of  twenty-one  years 
some  time  since.  , 

And  this  Defendant  further  answering  isaith,  he  admits  that  the  said 
Complainant  hath  made  such  applications  and  requests  to  this  Defendant, 
as  in  the  said  Complainant's  bill  mentioned. 

And  this  Defendant  further  answering  saith,  that  he  hath  not  refused 
to  comply  therewith,  but  as  there  are  some  doubts  as  to  the  true  con- 
struction of  the  said  will,  and  several  parties  entitled,  to  all  of  whom  this 
Defendant  is  to  account,  he  this  Defendant  is  desirous  to  act  in  the  pre- 
mises as  executor  of  the  said  S.  M.  deceased,  under  the  directions  and 
indemnity  of  this  honorable  Court, 

W.  C. 


Answer  of  Executrix  suhmitting  to  act  as  the  Court  may 

direct. 

This  Defendant,  &c.  saith,  S.  W.  the  Testator  in  the  said  bill  named, 
was,  at  the  time  of  his  death,  possessed  of  a  considerable  personal  estate, 
and  pai-ticularly  of  the  several  sums  in  public  stocks  or  funds  in  said  bill 
of  complaint  mentioned  ;  and  that  said  Testator  duly  made  and  published 
such  last  will  and  codicil  thereto,  of  such  respective  dates,  and  to  such  pur- 
port or  effect,  as  in  said  bill  in  that  behalf  stated.    But  nevertheless,  &:c. 

Believes  that  said  Testator  did,  soon  after  making  said  will  and  codi- 
cil, depart  this  life,  without  altering  or  revoking  said  will,  save  by 
said  codicil,  or  without  altering  or  revoking  said  codicil,  leaving  this 
Defendant  his  widow,  and  such  other  persons  as  in  said  bill  in  that  be- 
half named,  him  surviving. 

Admits,  that  she  hath  duly  proved  said  will  and  codicil  in  the  proper 
Ecclesiastical  Court,  and  hath  taken  upon  herself  the  execution  thereof, 
and  hath  by  virtue  thereof  possessed  her^ielf  of  as  much  of  said  Testa- 
tor's personal  estate  and  effects  as  she  has  been  able  to  do.  And  llns 
Defendant  denies  that  she  ever  threatened  to  sell  or  dispose  of  said 
stocks,  funds,  and  annuities,  in  said  will  and  bill  mentioned,  without  any 
regard  to  the  interest  of  said  Complainants  in  remainder  therein,  or  hath 
made  any  transfer  of  the  same. 

Submits  to  this  honorable  Court  what  interest  said  Complainants  are 
entitled  to  in  the  personal  estate  of  said  S.  VV.  by  virtue  of  said  will. 

Saith  she  hath  in  a  schedule,  &c.  set  forth  a  full,  true,  and  particular 
account  of  all  the  personal  estate  to  which  said  Testator  was  entitled  at 
his  death,  distinguishing  what  part  thereof  hath  come  to  her  hands,  or  to 
the  hands  of  any  other  person  or  persons  tor  her  use,  except  such  sums 
as  are  mentioned  in  the  schedule  hereinafter  referred  to, 

51 


.)94  ANSwfens. 

Saith  she  liath  in  the  second  scliedulc,  &c.  set  forth  an  account  cur- 
rent between  her  and  the  estate  of  said  S.  W.,  and  this  Defendant  hath 
therein  set  forth,  to  the  best  of  her  knowledge,  &c.  a  full  and  true  ac- 
count of  all  sums  of  money,  part  of  the  jrersonal  estate  of  said  Testator 
come  to  her  hands,  or  of  any  person  or  persons  to  her  use,  and  of  the 
apphcatlon  thereof. 

Saith  she  Is  ready  and  willing  to  account,  as  this  honorable  Court  shall 
direct,  for  all  such  parts  of  the  personal  estate  of  said  Testator  as  have 
been  possessed  or  received  by  this  Defendant,  having  all  just  and  reason- 
able allowances  made,  which  she  is  entitled  to  as  such  executrix.  And 
in  all  other  respects  this  Defendant  submits  to  act  as  the  Court  shall  di- 
rect, upon  being  indemnified  and  paid  her  costs  of  this  suit.  And  de- 
nies, &c. 

W.  A. 


Answer  of  Executrix,   suhmliiing  to  Account,   but  deny- 
ing Assets. 

This  Defendant,  cVc.  believes  it  to  be  true,  that  her  late  husband  A.  J. 
deceased,  having  borrowed  of,  or  being  otherwise  indebted  to  R.  H.,  in 
the  said  bill  of  a)mplaint  named,  in  the  sum  of  £  ,  did,  for  securing 

the  repayment  thereof  with  interest,  duly  execute  a  bond  or  obligation 
in  writing,  of  surli  date,  tenor  and  ell'ect  as  in  the  said  bill  of  complaint 
in  that  belialf  stated,  but  for  her  greater  certainly,  t^'c.  And  this  De- 
fendant, Sec.  believes  it  to  be  true,  that  tlie  said  A.  J.  did,  in  his  life- 
time, make  some  pavment  or  payments  to  the  said  I*.  II.  on  account  of 
the  said  bond,  but  did  not  wliolly  discharge  tiie  same.  \iv\  this  De- 
fendant doth  not  know,  nor  can  set  forth  the  particulars  of  su<h  pay- 
ment?, or  what  now  remains  due  on  tlip  said  bond.  And,  lic.  that 
the  said  R.  II.  liath  since  departed  tiiis  life,  and  that  he  duly  made  and 
published  his  last  will  and  testament  in  writhig,  and  thereby  appointed 
the  said  Complainant  R.  B.  sole  executor  thereof,  and  that  said  Com- 
plainant hath  since  duly  proved  the  said  will,  and  is  now  the  sole  per- 
sonal re|)resenlative  of  the  said  R.  II.  but  tliis  Defendant  kiK)wing  no- 
tliing  of  the  said  several  matters  of  lier  own  knowledge,  cra\c^  leave,  cVc. 
And  this,  &c.  that  the  said  A.  J.  was  at  his  death  indebted  to  the  Com- 
plainants A.  P.  and  S.  M.  on  the  account  in  the  said  bill  of  coniplaint 
in  that  Ijehalf  mentioned,  in  some  sum  of  money,  but  in  what  parli<  ular 
sum  this  Defendant  is  unable  to  stt  forth.  And  this,  &r.  that  the  said 
Defendant  A.  J.  hath  lately  departed  this  lift',  having  first  duly  made  and 
published  his  last  will  and  l»'*-tanu'nt  in  writing,  ar)d  thereby  appointed 
this  Defendant  the  sole  executrix  thereof,  and  this  Defendant  hath  suic« 


ANSWERS.  395 

duly  proved  tlxe  said  will  in  the  proper  Ecclesiastical  Court,  and  taken 
upon  herself  the  execution  thereof,  and  hath  possessed  herself  of  the 
said  Testator's  personal  estate  and  cflects,  so  far  as  she  hath  been  able- 
But  this  Defendant  denies  that  the  personal  estate  and  effects  so  pos- 
sessed or  received  by  her  are  sufficient  to  pay  the  said  I'estator's  funeral 
expenses  and  just  debts.  And  this  Defendant  on  the  contrary  believes 
them  to  be  wholly  insufficient  for  the  said  pur|)ose.  And  this  Defendant 
saith,  she  is  ready  to  account  for  the  personal  estate  and  effects  of  the 
said  A.  J.  which  have  come  or  shall  come  to  lier  hands  or  use,  in  such 
manner  as  this  honorable  Court  shall  please  to  direct.  .And  this  De- 
fendant denies,  &c. 

J.  L. 


Atiswer  of  a  Defendant,   Trustee  under  a  nuncupative 

Will 

The  answer  of  M.  Y.,  one  of  the  Defendants  to  the  bill  of 
complaint  of  G.  W.,  an  infant  under  the  age  of  twenty-one 
years,  by  J.  B.  his  next  friend. 

This  Defendant,  saving  and  reserving,  &:c.  answereth  and  sailh,  he 
believes  it  to  be  true  that  W.  W.,  the  Testator  in  the  said  bill  named, 
did,  on  or  about  the  day  of  ,  duly  make  and  publish  his  last 

will  and  testament,  being  a  nuncupative  will,  in  manner  in  the  said  bill 
in  that  behalf  mentioned  ;  and  that  the  said  will,  wilh  the  signatures  in 
the  said  bill  mentioned,  is  in  sucli  words  and  figures,  or  to  such  effect,  as 
in  the  said  bill  in  that  behalf  set  forth,  but  for  certainty  as  to  the  date 
and  contents  of  the  said  will,  this  Defendant  craves  leave  to  refer  to  the 
probate  thereof  when  produced,  &c.  And  this  Defendant  saitli,  he  believes 
and  admits  it  to  be  true,  that  the  said  Testator  departed  this  life  on  or 
about  the         day  of  the  same  month  of  ,  and  that  he  at  his  death 

left  the  said  Complainant  and  W.  W.  the  younger,  in  the  said  bill  named, 
his  two  natural  sons  him  surviving,  as  mentioned  iji  the  said  bill. 

And  this  Defendant  admits  it  to  be  true,  lha.t  soon  after  the  said  Tes- 
tator's death  the  said  will  was  in  due  form  proved  in  the  Prerogative 
Court  of  the  province  of  C,  and  that  letters  of  administration  of  the 
goods  and  chattels,  rights  and  credits  of  the  said  Testator,  with  his  said 
will  annexed,  were  duly  granted  b}'  the  said  Court  to  this  Defendant ; 
and  that  this  Defendant  possessed  and  received  all  such  parts  of  the  said 
Testator's  personal  estate  and  effects  as  he  was  able,  and  that  he  lialk 
thereout  paid  all  the  said  Testator's  funeral  expenses  and  debts,  so  far  as 
the  same  have  come  to  his  knowledge,  and  the  said  legacy  of  £         .  to 


396  ANSWERS. 

the  said  W.  W.  and  that  there  remained  a  considerable  balance  of  the 
said  personal  estate  in  his  hands. 

And  this  Defendant  saith,  that  he  hath  laid  out  all  the  surplus  of  the 
said  Testator's  personal  estate  which  hath  cometo  this  Defendant's  hands, 
and  also  the  dividends  and  interest  thereof  from  time  to  time  (except 
some  part  thereof  which  hath  been  applied  to  the  maintenance  of  the 
said  Complainant  as  hereinafter  mentioned,)  in  the  purchase  of  3  per 
cent,  consolidated  bank  annuities,  in  the  joint  names  of  tliis  Defendant 
and  the  said  Complainant,  and  in  consequence  thereof  the  sum  of 
£  of  the  said  stock  is  now  standing  in  their  joint  names  in  the  books 
of  the  Governor  and  Company  of  the  Bank  of  Engiaml. 

And  this  Defendant  saith,  that  he  hath  from  time  to  time  laid  out  and 
expended  certain  sums  in  the  maintenance  and  education  of  the  said 
Complainant  and  hath  lately  entered  into  an  engagement  with  Messrs. 
G.,  W.,  and  P.,  calico-printers  at  D.,  to  put  the  said  Complainant  ap- 
prentice to  them,  and  to  pay  them  the  sum  of  £  as  an  apprentice 
fee  for  the  said  Complainant,  and  in  consequence  of  such  engagement, 
the  said  Complainant  is  now  with  the  said  Messrs.  G-,  W.,  and  P.,  as  an 
apprentice. 

And  this  Defendant  submits  that  he  ought  to  have  an  allowance 
made  to  him  out  of  the  dividends  and  interest  which  have  arisen  from  the 
surplus  of  the  said  Testator's  estate,  for  all  sums  expended  by  him  for 
maintenance  of  the  said  Complainant  as  aforesaid,  and  also  for  the  said 
apprentice  fee. 

And  this  Defendant  further  saith,  he  believes  it  to  be  true,  that  the 
said  W.  W.  the  son,  hath  departed  this  life  intestate,  unmarried  and  witli- 
out  issue.  And  this  Defendant  submits  to  account  for  the  said  personal 
estate  possessed  by  him,  and  to  transfer  the  said  stock  into  the  name  of 
the  Accountant-Geneial  of  this  Court  as  this  Court  shall  direct,  but 
craves  to  have  all  just  allowances  made  to  him  in  such  accounts,  as  well 
in  respect  of  the  said  maintenance  and  apprentice  fee,  or  otherwise. 
Without  that,  &c. 

T.  C.  C. 


Answer  of  the  Attorney- General    to    the  above   Stiit^   the 
Plaintiff'  being  Illegitimate. 

This  Defendant,  saving  and  reserving  to  himself,  on  behalf  of  his  Ma- 
jesty, now  and  at  all  times,  &c.  answering  and  saith,  that  he  is  a  stranger 
to  all  and  singular  the  matters  and  things  in  the  said  Complainant's  bill 
of  complaint  contained,  and  therefore  leaves  tlie  Plaintiff  to  make  such 
proof  thereof  as  he  shall  be  able. 


ANSWERS.  397 

And  this  Defendant  further  answering;  saith,  that  he  insists  on  behalf 
of  his  Majesty,  on  all  such  light,  title,  and  interest  in  the  premises,  in 
the  said  bill  of  complaint  mentioned,  as  his  said  Majesty  shall  appear  to 
have  therein;  and  this  Defendant  humbly  submits  the  same  to  the  judg- 
ment, order,  and  direction  of  this  honorable  Court ;  and  also  humbly 
prays  that  this  honorable  Court  will  take  care  of  his  Majesty's  right  and 
iiitcrrst  in  the  premises.     And  denies,  &c.     Without  that,  &:c. 

J.  M. 


Answer  of  Defendant,   Trustee  submitting  to  act  as  the 
Court  shall  direct. 

This  Defendant,  &c.  admits  it  to  be  true,  that  such  indentures  of  lease 
and  release  as  in  the  said  bill  of  complaint  are  stated  to  bear  date, 
tlie,  &c.  were  duly  made  and  executed  by  and  between  such  parties,  and 
to  such  purport  and  effect  as  are  therein  set  forth,  so  far  as  the  same 
are  therein  set  forth.  Cut,  for  his  greater  ceitainty,  nevertheless, 
tliis  Defendant  craves  leave  to  refer  to  the  said  indentures,  when 
produced.  And  this  Defendant  furtlier  answering  saith,  he  admits  it  to 
be  true,  that  the  intended  marriage  between  the  said  Complainant, 
J.  M.  P.  and  E.  P.  was  soon  afterwards  had  and  solemnized,  euid  that 
the  said  other  Complainants  (the  children)  are  the  only  children  of  the 
said  marrifige.  And  this  Defendant  admits,  that  he  doth  decline  to  act 
in  the  trusts  of  the  said  settlement,  and  that  he  is  desirous  of  being  dis- 
charged therefrom,  and  that  he  is  ready  to  (.onvey  and  release  the  said 
trust  premises  to  the  said  Complainant,  S.  M.  M.,  and  such  new  trustee 
as  may  be  appointed  by  this  honorable  Court,  on  being  indemnified  in 
that  behalf  and  paid  all  his  costs  and  expenses. 

\V.  W. 


Answer  of  a  Legatee  to  elect,  to  take  under  Will. 

This  Defendant,  &c.  answereth  and  saith,  she  believes  it  to  be  true  that 
C.  B.  deceased,  the  Testator  in  the  said  bill  of  complaint  named,  being  pos- 
sessed of  a  large  personal  estate,  did,  at  or  about  the  time  in  the  said  bill 
of  complaint  mentioned,  duly  make  and  publish  his  last  will  and  testa- 
ment, in  writing,  of  such  purport  and  effect,  and  containing  such  bequest 
to  this  Defendant,  as  in  the  said  bill  of  complaint  in  that  behalf  set  forth, 
and  that  the  said  Testator  appointed  such  persons  as  in  the  said  bill  of 
complaint  named,  executors,  and  executrix  of  his  said  will.  And,  &c. 
that  the  said  Testator  afterwaids  and   at  or  about  the  time  in  the  said 


398  ANSWERS. 

biil  of  complaint  mentioned,  duly  made  and  published  a  codicil  to  his 
said  will,  in  such  words,  and  to  such  purport  and  elFect  as  in  the  said 
bill  of  complaint  also  set  forth.  But  for  her  greater  certainty,  neverthe- 
less, as  to  the  said  will  and  codicil,  and  the  respective  dates,  purport, 
and  contents  thereof,  this  Defendant  craves  leave  to  refer  thereto,  when 
produced.  And,  &t;.  that  the  said  Testator  departed  this  life  at  or  aisout 
the  time  in  the  said  bill  of  complaint  in  that  behalf  mentioned,  without 
having  in  any  manner  altered  or  revoked  his  said  will,  save  by  the  said 
codicil,  and  without  having  altered  or  revoked  the  said  codicil,  and  that 
the  said  Complainants  since  duly  proved  the  said  will  and  codicil  in  the 
Prerogative  Court  of  the  archbishop  of  C.  and  taken  upon  themselves  the 
executorship  thereof,  saith,  she  claims  to  be  entitled  to  the  benefits  intended 
her  by  the  said  Testator's  will,  and  is  ready,  upon  the  same  being  secured 
to  her,  according  to  the  directions  in  the  said  will  contained,  to  release  to 
J.  P.  in  the  said  will  named,  all  her  right  and  interest  in  and  to  the  pre- 
mises in  the  said  will  mentioned,  and  for  that  purpose,  to  execute  all  ne- 
cessary instruments  or  deeds.     And  denies,  &c. 

J.  L. 


Ansnrcr  to  a  Bill  by  Wife  against  Husband  for  a  Le- 
gacu,  claiming  Legacy  ;  Husband  an  Executor,  ad- 
mitting Assets ;  joint  Answer. 

These  Defendants  saving,  &c.  admit  it  to  be  true,  that  M.  M  de- 
ceased, in  the  said  bill  named,  was  possessed  of  considerable  personal 
estate  and  that  she  made  such  will,  of  such  date,  purport,  and  eflect,  as 
in  the  said  bill  set  forth,  so  far  as  the  same  is  therein  set  fortli,  and  thereby 
gave  to  the  said  Complainant  the  legacy  or  sum  of  £  ,  in  manner  in 
the  said  bill  mentioned,  and  nominated  this  Defendant,  W.  M.  sole 
executor  of  her  said  will.  But  for  greater  certainty,  these  Defendants 
refer,  &c.  And  these,  &c.  admit  it  to  be  true,  that  the  said  Testatrix 
departed  this  life  at  or  about  the  time  in  the  said  bill  in  that  behalf  men- 
tioned, and  without  altering  or  revoking  her  said  will.  And  this  De- 
fendant, W.  M.  I'urther  answering,  saith,  he  admits,  and  this  Defendant, 
W.  H.  saith,  he  believes  it  to  be  true,  that  he,  this  Defendant,  W.  M.  did 
duly  prove  the  said  will  in  the  proper  Ecclesiastical  Court,  and  did  un- 
dertake tlie  execution  thereof.  And  this  Defendant  W.  M.  admits,  that 
under,  and  by  virtue  of  the  said  will,  he  hath  possessed  himself  of  the  said 
Testatrix's  personal  estate  to  an  amount  more  than  sufficient  to  pay  and 
discharpfe  her  funeral  expenses,  just  debts,  and  legacies  ;  and  particularly 
the  said  legacy  of  :£  :  and  that  the  said  Complainant  hath  applied  to 
this  Defendant  to  be  paid  the  said  legacy  or  sum  of  JC  so  given  to 


ANSWERS.  39'9 

her  by  the  said  will,  as  in  the  said  bill  mentioned,  and  that  this  De- 
fendant, W.  M.  did  refuse  to  pay  the  same  to  her  witliout  the  consent 
and  concurrence  of  this  other  Defendant,  her  husband,  ami  without 
which  this  Defendant  is  advised,  and  humbly  submits  he  could  not  safely 
pay  the  said  legacy.  And  this  Defendant  further  saith,  he  doth  admit 
assets  of  the  said  Testatrix,  come  to  his  hands  sufficient  to  answer  the 
purposes  aforesaid,  and  is  ready  and  willing,  and  hereby  submits  to  pay 
the  said  legacy  to  such  person  or  persons,  and  in  such  manner  as  this 
honorable  Court  shall  be  pleased  to  direct.  And  this  Defendant,  F.  H. 
saith,  he  claims  to  be,  and  humbly  insists  that  he  is,  in  right  of  the  said 
Complainant,  his  wife,  entitled  to  receive  and  be  paid  the  said  legacy,  or 
sum  o{  £  ,  so  given  to  him  by  the  said  will  as  aforesaid,  and  humbly 

hopes  the  same  will  be  ordered  to  he  paid  to  him  accordingly.  And 
deny,  &c. 

E.  K. 


Answer  by  three  Legatees  to  a  Bill  filed  hij   Trustee  under 
Settlement  and  Will,  one  Defendant  an  Infant. 

These  Defendants,  now,  &c.  believe  it  to  be  true,  that  R.  H.  H., 
another  of  the  Defendants  to  the  said  bill  of  complaint,  duly  made  and 
executed  a  bond  or  obligation,  in  writing,  to  S.  S.,  in  the  said  bill  named, 
of  such  date,  in  such  penalty,  and  with  such  condition  thereunder  written, 
as  in  the  said  bill  of  complaint  set  forth,  so  far  as  the  same  is  therein  set 
forth  ;  and  that  the  stock  in  the  said  bond  described,  or  the  value  of  such 
stock  in  money,  was  paid  or  transferred  to  the  said  Defendant  R.  H.  H. 
Believe  it  to  be  troe,  that  such  indenture  of  settlement,  as  in  the  said  bill 
of  complaint  is  stated  to  bear  date  the,  &ic.  was  duly  made  and  executed, 
of  suyh  date,  between  such  parties,  and  to  such  purport  and  effect,  as 
in  the  said  bill  in  that  behalf  mentioned  and  set  forth,  so  far  as  the  same 
is  therein  set  forth,  previous  to  a  marriage  then  intendeil,  and  which  these 
Defendants  beUeve  was  soon  afterwards  duly  had  and  solcranized  be- 
tween W.  S.,  another  of  the  Defendants  to  the  said  bill  of  complaint ; 
and  the  said  S.  S.,  and  of  which  marriage  these  Defendants  believe  there 
were  no  children;  but  these  Defendants  for  their  greater  certainty, 
nevertheless,  as  to  the  said  bond  or  obligation,  and  the  said  indenture  of 
settlement,  and  the  date,  purport,  and  effect  thereof  respectively,  crave 
leave  to  refer  thereto  when  produced.  And,  &c.  believe  it  to  be  true, 
that  F.  R.  S.,  in  the  said  bill  named,  departed  tiiis  life  in  the  life-lime 
of  the  said  S.  S.,  and  th^t  the  said  Complainant  thereby  became  the 
surviving  trustee  under  the  said  marriage  settlement,  and  that  the  said 
S.  S.  departed  tiiis  life  at  oir  about  the  timp.  in  that  behai!  iij  'ho  said  bill 


4-00  ANSWERS. 

mentioned,  having  first  duly  made  and  published  iiis  last  will  and  testa- 
ment, in  writing,  or  a  paper-writing  in  the  nature  of  a  will,  of  such  date, 
and  to  such  purport  and  effect  as  in  the  said  bill  of  comjjlaint  mentioned 
and  set  forth  ;  and  that  such  will  or  paper-writing  was  duly  executed  by 
two  credible  witnesses,  as  by  the  said  indenture  of  settlement  required  ; 
and,  soon  after  the  death  of  the  said  Testatrix,  the  said  will,  or  testamen- 
tary-paper, was  duly  proved  in  the  Prerogative  Court  of  the  archbishop 
of  C,  by  the  said  K.  H.  H  ,  who  took  upon  himself  the  execution  thereof; 
but,  for  their  greater  certainty,  nevertheless,  these  Defendants  crave  leave 
to  refer  to  the  probate  of  the  said  will,  or  writing  in  the  nature  of  a  will, 
when  produced.  And  these  Defendants  say,  that  this  Defendant  E.  S. 
is  the  person  whom  the  said  Testatrix  intended  to  benefit  by  the  gift  and 
bequest  in  her  said  will  "  her  sister-in-law  Mrs.  B.  S. ;''  and  that  this  De- 
fendant S.  E.  S.,  who  is  the  daughter  of  this  Defendant  E.  S.,  is  the  per- 
son whom  the  said  Testatrix  intended  to  benefit  by  the  gift  or  bequest  in 
favor  of  "  S.  S."  And,  Szc.  believe  it  may  be  true,  for  any  thing  they 
know  to  the  contrary,  that  the  said  Complainant  caused  a  notice  in  writ- 
ing, of  such  date,  and  to  such  purport  and  effect  as  mentioned  in  the  bill, 
to  be  delivered  to  the  said  Defendant  R.  II.  H.;  and  that  the  said  De- 
fendant hath  not  complied  with  the  terms  of  such  notice,  nor  ever  re- 
placed the  stock  in  the  said  bill  mentioned,  or  repaid  the  value  thereof, 
during  the  life-time  of  the  said  Testatrix  S.  S.,  or  since  her  death;  but 
these  Delendants,  knowing  nothing  of  the  several  matters  aforesaid,  crave 
leave  to  ref«r  the  said  Complainant  to  proof  thereof  5  and  these  Defen- 
dants E.  S.  and  S.  S.  hereby  insist  on  such  right  and  interest  in  the  said 
sum  of  stock,  or  the  value  thereof,  as  they  shall  appear  to  be  entitled  to 
under  the  said  will  or  testamentary  paper  of  the  said  S.  S.  And  this 
Defendant  H.  S  ,  being  an  infant  under  the  age  of  twenty-one  3ears., 
submits  her  right  and  interest  in  the  premises  to  the  care  and  protection 
of  this  honorable  Court,  And  these  said  other  Defendants  deny  all 
and  all,  &c. 


The  Answer  of  the  Atiornty  General  to  a  Bill  to  perpeluale 
the  'I'catimuiuj  of  Witnesses  to  a  Will. 

The  answer  of,  &;c. 

This  Defendant,  now,  &c.  answering  saith,  it  may  be  true  for  anything 
this  Defendant  knows  to  the  contrary,  that  I.  T.  A.,  in  the  Complain- 
ant's bill  named,  was  seised  in  fee-simple  of  such  real  estates  as  therein 
mentioned,  and  that  he  died  at  or  about  the  time  in  the  said  bill  in  that 
behalf  mentioned,  without  leaving  an  heir  at  law ;  b,ut  wliether  the  said 


ANSWERS.  401 

I.  T.  A.  duly  made  and  publislie<l  such  or  any  other  last  will  and  testament 
as  in  the  said  bill  mentioned,  or  whether,  if  he  so  did,  he  the  said  I.  T.  A. 
was  of  sound  mind,  memoiy,  and  uiiderstandijig,  at  the  time  of  making 
and  publishing  the  same,  or  whether  the  same  was  duly  executed  and 
attested,  &c.  or  whether  the  said  complaint  is  so,  or  otherwise  entitled  to 
the  said  estates,  as  in  the  said  bill  in  that  behalf  mentioned,  this  Defen- 
dant, being  an  entire  stranger  to  the  several  matters  aforesaid,  cannot  set 
forth,  but  leaves  the  said  Complainant  to  such  proof  thereof  as  he  shall 
be  advised  to  produce;  and  this  Defendant,  on  behalf  of  his  majesty, 
insists,  (hat  if  the  said  I.  T.  A.  died  without  leaving  any  heir  at  law,  and 
without  duly  executing  his  will  and  testament,  in  writing,  in  such  manner 
as  by  law  is  required  for  devising  real  estates,  in  that  case  his  Majesty  has 
become  entitled,  by  escheat,  to  all  the  estates  of  which  the  said  1.  T.  A. 
died  seised. 

W.  A. 


Ansiver  of  Mortgages  of  Trust  Premises  to  a  Bill  for  an 
Account  of  the  Trust  Property. 

These  Defendants,  saving,  &c.  severall);  answer  and  say,  they  have  been 
informed  and  believe  that  such  indentures  of  lease  and  release  and  assign- 
ment, as  are  in  the  said  bill  mentioned,  to  bear  date  respectively  on  or 
about,  &c.  between  such  parties,  and  of,  or  to  such,  or  the  like  effect,  as 
in  the  said  bill  for  that  purpose  stated  and  set  forth,  were,  made  and  exe- 
cuted ;  but  these  Defendants,  for  their  greater  certainty,  as  to  the  said 
indentures  of  lease,  release,  and  assignment,  and  the  dates,  purport,  and 
contents  thereof  respectively,  crave  leave  to  refer  thereto,  v.'hen  the  same 
shall  be  produced  to  this  honorable  Court. 

Say,  that  by  indentures  of  lease  and  release,  bearing  date  respectively 
the,  &c.  the  release  being  of  four  parts,  and  made,  or  mentioned  to  be 
made,  between,  &c.  (set  out  the  material  parts  of  the  ?nortn^aoe  deed,) 
as  in  and  by  the  said  indentures  of  leasp  and  release,  wiien  the  same 
shall  be  respectively  produced  to  this  honorable  Couit  will  more  fully  and 
at  large  appear. 

Say,  that  as  to  all  the  other  matters  and  transactions  in  the  said  bill  of 
complaint  stated,  these  Defendants  are  utterly  strangers  lliereto,  save  as 
appears  from  the  allegations  contained  in  the  said  bill  of  complaint. 

Say,  that  the  said  sum  of  £  so  seemed  to  them  as  aforesaid,  is 

now  wholly  due  and  owing  to  these  Defendants,  together  with  a  con- 
siderable arrear  of  interest  thereon  ;  and  these  Defendants  humbly  insiit 
that  they  are  entitled  to  the  payment  of  the  said  £  ,  and  of  all  in- 

-jerp'st  due  and  to  grow  due  thereon,  in  priorifv  to  all  other  the  incura- 

rv> 


402  ANsWLUb. 

brances  ati'ecling  liie  said  mortgaged  premises.  And  ihese  Defendants 
deny  all  and  all  manner  of  unlawful  combination  and  confederacy.  With- 
out tliatj  Sec. 


Answer  to  Bill  of  Foreclosure. 

This  D'efendant,  &c.  answereth  and  sailli,  lie  achiiils  it  1u  be  trire,  that 
this  Defendant  did,  at  or  about  the  time  in  the  saiu  bill  of  complaint  in 
that  behalf  nie;itioiTed,  borrow  the  sum  of  jC  fntm  A.  W.  the  elder, 

in  the  said  [)ill  of  complaint  named,  and  that  thereupon  such  indenture 
of  bargain  ami  sale,  and  such  bond,  as  in  the  said  bill  of  complaint  are 
set  forth,  were  duly  made  and  executed  by  and  between  this  Defendant 
and  the  said  A.  W.,  and  were  of  such  date,  and  to  such  purport  and 
effect  as  in  the  said  bill  of  complaint  in  that  behalf  stated;  but  for  his 
greater  certainty,  nevertheless,  as  to  the  said  indenture  and  bond,  and  the 
respective  dates,  |)urport,  and  effect  thereof,  this  Defendant  craves  leave 
to  refer  thereto  when  produced.  And,  Ssc.  admits  it  to  be  true,  that  the 
said  A.  W.  the  elder,  departed  this  life  before  payment  of  the  said  prin- 
cipal money,  or  any  part  thereof.  And  this  Defendant  sailh  it  may  be 
true,  for  any  thing  this  Defendant  kncnvs  to  the  contrary,  that  t!ie  said 
A.  W.  the  elder,  ieff  A.  W.  tiie  younger,  in  the  said  bill  of  complaint 
also  named,  his  eldest  son  arnl  heir  at  law,  him  surviving,  and  that  he  had 
first  duly  made  and  published  his  last  will  and  testament,  in  writing,  and 
thereby  appointed  the  said  Complainant  T.  VV.  and  the  said  A.  W.  the 
younger,  and  L.  W.,  since  decea^ii,  executors  thereof,  and  that  the 
said  executor.'?  duly  proved  the  said  v/ill  in  the  proper  Ecclesiastical  Court, 
and  that  the  said  will  did  not  in  any  manner  affect  the  said  mortgaged 
premises,  and  that  the  legal  estate  and  interest  therein  descended  on  and 
vested  in  the  said  A.  W.  the  younger;  and  that  such  indenture,  as  in  the 
said  bill  of  com|ilaint  is  stated  to  bear  date,  Sjc.  was  duly  made  and  exe- 
cuted by  and  between  such  parlies,  and  to  sudi  purpoit,  as  in  the  said 
bill  of  complaint  set  forth  ;  and  that  the  said  A.  W.  the  younger  departed 
this  life  at  or  about  the  time  in  the  said  bill  of  complaint  in  that  behalf 
mentioned,  leaving  the  said  Complainant  G.  VV.  an  infant,  his  eldest 
son  and  heir  at  la\\',  him  surviving;  and  that  he  had  fnst  duly  made  and 
published  his  last  will  and  testament,  in  writing,  of  such  date  as  in  the 
said  bill  of  complaint  mentioned,  and  thenby  appointed  the  said  Com- 
plainants T.  W.,  &-C.  executors  thereof,  and  thai  the  said  Complainants 
duly  proved  the  said  will  in  the  proper  Ecclesiastical  Ctunt,  and  that  the 
said  will  did  not  in  any  manner  affect  the  said  premises,  and  that  the  legal 
estate  and  interest  therein  descenrled  upon  and  is  now  vested  in  the  said 
Complainant  G.  W.  j  and  that  the  said  T.  \V.  departed  this  life  soon  aflec 


ANSWERS.  403 

tlie  dearth  of  the  said  last  n>entior>ed  Testator,  ami  that  tlipreupon  the  said 
Complainant  T.  VV.  became  also  the  surviving  executor  of  the  said  A.  W. 
the  elder  ;  but  this  Defendant,  knowing  nothing  of  the  said  several  mat- 
ters aforesaid,  save  as  he  is  informed  by  the  said  bill  of  complaint,  and 
therefore  craves  leave  to  refer  the  said  Complainants  to  such  proof  thereof 
as  they  shall  be  able  to  make.  vVnd  this  Defendant  admits,  that  the  said 
principal  sum  of  £  ,  or  any  part  thereof,  hath  not  yet  been  paid,  and 
that  the  same  no\r  remaii-s  due  and  owing  from  this  Defendant  on  the 
security  of  the  said  mortgaged  premises,  together  with  an  arrear  of  in- 
terest (hereon  from,  &c.  ;  but  this  Defendant  denies  that  the  said  mort- 
gaged premises  are  a  scanty  security  for  the  same,  and  on  the  contrary 
thereof  this  Defendant  saith,  that  the  said  mortgaged  premises  are  of  the 
value  of  £  and  upwards.  And  this  Defendant  saith,  that  there  is  no 
other  charge  or  incumbrancje  affecting  the  said  mortgaged  premises. 
And  this  Defendant  trusts  this  honorable  Court  will  allow  him  a  reason- 
able time  for  the  redemption  of  the  said  premises.     And  denies,  &<:. 


Answer  of  the  Attorney-  General  insisting  on  mi   Kscheai. 
in  case  no  Will  rnade^  and  no  Heir, 

This  Defendant,  saving,  &c.  answereth  and  saith,  that  he  is  a  stranger 
to  all  and  singular  tlie  matters  and  things  in  the  Complainant's  said  bill 
of  complaint  contained  and  submitteth  the  same  to  thje  judgmtut  of  this 
honorable  Court.  But  insists,  on  his  Majesty's  behalf,  that  in  case  it  shall 
appear  that  sir  D.  D.  late  o/,  Sis:,  deceased,  in  the  Complainant's  bill 
named,  died  wilho-ut  leaving  any  person  or  persons,  a  subject  or  subjects  of 
Great  Britain,  his  heir  or  heirs  at  law,  and  without  having  duly  made  and 
published  his  last  will  and  testament,  in  the  presence  of  credible  wit- 
nesses, and  with  all  the  solemnities  of  law  requisite  to  devise  or  affect  a  real 
estate,  at  the  time  of  his  beingof  sound  and  disposing  mind,  memory,  and 
understanding,  that  then,  and  in  such  case,  his  iMajesty  is  well  entjtled  by 
escheat  to  all  and  singular  the  freehold  messuages,  lands,  tenements,  and 
Hereditaments,  of  which  the  said  sir  D.  D.  died  seised  or  entitled  in  fee- 
simple.  And  therefore,  this  Defendant  prays  that  this  Court  will  take 
care  of  such  right  and  interest,  if  any,  as  shall  appear  tabe  hi  his  Majesty. 
Without  that,  &c. 


Ansioer  of  the  Attorney-  General  on  behalf  of  a   Charity. 

This  Defendant  &c.  answereth  and  saith,  that  he  is  a  stranger  to  alt 
and  singular  the  matters  and  things  in  the  said!)'!!  of  romplaint  rontnin«'d. 


404  ANSWERS. 

and  leaves  the  same  to  such  proofs  as  the  Complainant  can  make  thereof, 
and  submits  the  same  to  the  judgment,  order  and  directions  of  this  honor- 
able Court,  and  prays  that  this  Court  will  take  care  of  the  charity  in  the 
bill  mentioned,  and  jf^ive  proper  directions  for  the  settling  and  establishing 
thereof.     Witho.it  that,  &c. 


Ansiver  of  Heir  at  Law  to  a  Bill  to  prove  a    Will. 

This  Defendant,  &c.  believes  it  to  be  true,  tliat  W.  H.  B.  in  said 
bill,  was,  in  his  life-time,  and  at  l!ie  time  of  his  death,  seised  or  well 
entitled  in  fee-simple,  of,  and  in  such  real  estate  and  premises,  as  in 
said  bill  are  mentioned  to  be  devised  by  said  will,  and  tiiat  said 
W.  H.  B.  being  so  seis-ed  or  entitled,  did,  at  or  about  the  time  in 
bill  mentioned,  duly  make  and  publish  his  last  will  and  testament  in 
writing,  of  such  date,  and  in  such  words  and  figures,  or  to  such  purport 
and  elfect,  as  in  the  said  bill  set  forth,  though,  for  certainty,  &c.  refers,  &c. 
But  whether  said  W.  IL  B.  was  of  sound,  d:c.  at  the  time  of  making  and 
publishing  said  will,  or  whether  same  was  duly  executed,  &c.  or  whether 
he  departed  this  life  without  revoking  or  altering  same.  Defendant 
knows  not,  nor  can  set  forth,  but  leaves  PlaintiiT  to  such  proof  thereof 
as  he  shall  be  advised  or  able  to  make  respecting  the  same,  as  this 
Defendant  doth  not  admit  the  validity  of  said  will. 

Believes  and  admits  Testator  departed  this  life  at  or  about  the  time 
in  said  bill  mentioned,  leaving  Defendant,  his  nephew  and  heir  at  law, 
and  that  Plaintiff  hath  since  duly  proved  said  will  in  the  proper  Ec- 
clesiastical Court. 

R.  -S. 


Part  of  Answer  of  Purchaser  to  Bill  for  sijccifir.  Per- 
formance^ who  resists  on  the  Ground  of  a  drfcctivr 
^  Title. 

This  Defendant,  &c.  saith,  that  the  said  abstract  was,  on  the  part  of 
this  Defendant,  laid  before  an  eminent  conveyancer  for  his  opinion  as  to 
the  title  of  the  said  Plaintifis  and  the  said  Defendant  E.  IN!.  II.  to  the  said 
moiety  of  the  said  leasehold  premises.  And  this  Defendant  was  advised 
by  such  conveyancer,  that  it  was  doubtful  from  the  will  and  codicils  of 
the  said  Testator  R.  JNl.  in  the  said  bill  of  complaint  stated,  whether  the 
said  Testator  meant  that  the  said  E.  II.  and  S.  A.  by  the  bequest  to 
them  of  the  said  leasehold  premises  in  the  third  codicil  contained,  should 
take  in  any  other  character  than  as  trustees.     And  that  he  could  not 


ANSWERS.  405 

tlnrcioic  advise  lliis  Defcnclnnt  to  accept  the  title  of  the  said  premises 
without  the  concurrence  of  tlie  persons  who  would  have  been  entitled 
thereto  under  the  will  of  the  said  Testator  R.  M.  if  that  will  had  clearly 
remained  in  force,  or  under  a  decree  of  a  Court  of  Equity.  And  this 
Dcfenrlant  admits,  that  the  said  Complainants  have  been  and  are  ready 
and  willing  to  complete  the  said  sale  on  their  parts.  And  that  the  said 
Defendant,  by  reason  of  the  said  opinion  of  the  said  conveyancer,  hath 
declined  to  perform  the  said  agreement  on  his  part,  without  the  direction 
and  indemnity  of  a  Court  of  Equity,  or  the  concurrence  of  the  parties 
referred  to  in  the  said  opinion.  And  this  Defendant  further  saith, 
he  believes  that  II.  II.  in  the  will  of  the  said  Testator  R.  M.  named, 
departed  this  life  some  time  since,  leaving  C.  11.  another  Defendant 
to  liie  said  bill  of  complaint,  him  surviving.     Denies  combination,  \i\ 


Ansiuer  by  the  Heir  at  Law,  admitting  the  Will. 

This  Defendant,  saving  and  reserving,  8^c.  answereth  and  saith,  she 
hath  been  informed,  and  believes,  that  I.  S.  late  of,  &c.  departed  this 
lite  on  or  about,  &:c.  to  the  best  of  this  Defendant's  remeniljrance  and 
belief  of  the  time,  without  issue,  leaving  this  Defendant  his  heir  at  law. 
And  (his  Defendant  further  saith  she  admits  it  to  be  true,  that  the  said 
I.  S.  dil,  in  his  life-time,  make  and  publish  his  last  will  and  testament  in 
writing,  of  such  or  the  like  date,  purport  or  efTect,  as  in  the  Complainant's 
bill  is  mentioned.  And  that  such  will  was  duly  made,  executed,  and 
publislied  in  the  presence  of  three  credible  witnesses,  and  that  such  wit- 
nesses did  respectively  subscribe  their  names  as  witnesses  thereto  in  the 
said  Testator's  presence,  in  such  manner  as  the  law  directs  where  lands 
and  tenements  are  devised  by  will.  And  the  said  I.  S.  was  of  sound 
mindj  memory  and  understanding,  at  the  lime  of  his  making  and  executing 
such  will.  And  that  he  did  not  at  any  time  afterwards  revoke  or  alter 
such  will,  but  this  Defendant,  for  her  greater  certainty  of  the  date  and 
contents  of  such  will,  craves  leave  to  refer  thereto,  when  the  same  shall 
be  produced,  &c.  And  this  Defendant  denies  all,  and  all  manner  of 
combination,  &c. 


Answer  to  a  Bill  of  Revivor,  the  Defendant  being  doubt- 
ful whether  he  can  admit  Assets. 

These  Defendants,  &c.  And  these  Defendants  further  severally 
answering,  say,  they  admit  it  to  be  true,  that  the  said  T.  B.  in  his  life- 
time, duly  made   and  published  his  last  will  and  testament  in  writing, 


406  ANSWERS. 

anil  a  codicil  tlicrcto,  of  such  date  respectively  as  in  the  said  bill  of 
revivor  is  mentioned  in  that  behalf,  and  that  lie  by  such  codicil 
appointed  Defendants  his  executors,  and  that  since  his  death  Defen- 
dants duly  proved  the  said  last-nnentioned  will  and  codicil  in  the  proper 
Ecclesiastical  Court,  and  undertook  the  executorship  thereof,  and  that 
they  have  possessed  the  said  T.  B.'s  personal  estate  and  ellecls  so  far  as 
they  have  been  conveniently  able;  and  they  believe  (aUhough  they  do  not 
admit  the  same)  that  such  personal  estate  as  last-mentioned  is  sufficient 
to  answer  whatsoever  might  be  due  from  the  said  T.  B.  at  the  time  of  his 
death  to  the  estate  of  the  said  Testator  D.  D.  if  any  thing  were  so  due, 
but  which  these  Defendants  do  not  admit  that  there  is  :  they  these  De- 
fendants are  unable  to  ascertain  the  amount  thereof,  and  therefore  are 
advised  that  they  cannot  with  safety  or  propriety  admit  assets  of  the  said 
Testator  T.  B.  to  be  in  their  hands,  suflkient  to  answer  the  same  ;  but 
they  will  nevertheless  be  willing,  and  hereby  submit  to  be  examined  on  in- 
terrogatories in  regard  to  the  said  last-mentioned  Testator's  personal 
estate,  possessed  by  them,  or  for  their  use,  if  the  same  should  be  neces- 
sary. And  these  Defendants,  under  the  circumstances  aforesaid,  submit, 
that  it  is  not  necessary  for  them  to  set  forth  in  this  their  answer  any  ac- 
count of  the  said  Testator  T.  B.'s  personal  estate,  possessed  by  them,  or 
any  of  them,  further  than  as  aforesaid.  And  these  Defendants  further 
s.evcrally  answer  and  say,  they  submit  that  the  said  suit  and  proceedings, 
which  became  abated  on  the  death  of  the  said  T.  B.  may  stand  and  be 
revived  against  tiiem  as  such  executors  as  aforesaid,  and  be  restored  to  the 
same  plight  and  condition  in  which  they  were  at  the  time  of  the  death  of 
the  said  T.  B.     Without  that,  ^'t. 

J.  L. 


Ansioer  jjiu   in  after   Exceptions   taken   and    allowed  to 
former  Ansioer. 

This  Defendant,  saving  and  reserving  to  himself,  as  in  and  by  his  former 
answer  to  the  said  Complainant's  said  bill  of  complaint  was  saved  and  re- 
served, for  further  answer  thereto,  or  unto  so  much  thereof  as  this  Defen- 
dant is  advised  is  material  or  necess^iry  for  him  to-  make  answer  unto, 
answereth  and  saith,  he  admits  it  to  be  true,  that  this  Defendant  hath, 
by  the  Defendants  T.  N.  L.  and  O.  R.,  and  by  other  booksellers  em- 
ployed by  him,  published  and  sold  many  copies  of  tiie  edition 
of  ,  published  by  this  Defendant  as  in  his  former  answer  mentioned, 
and  that  the  ninnber  of  such  copies  sold  by  him  amounts  in  the  whole  to 
or  thereabouts,  as  nearly  as  this  Defendant  can  set  forth  the  same 
to  his  knowledge  or  belief:  but  this  Defendant  denies  that  he  is  now  pro- 


ANSWERS.  407 

ceeding,  or  threatens  to  proceed  in  publishing  and  selling  the  said  book, 
having  discontinued  the  s»lc  thereof,  as  in  this  Defendant's  former  answer 
mentioned.  And  this  Defendant  further  answering  saith,  that  the  profit 
which  he  hath  made  by  stich  publication  doth  not  exceed  the  sum  of^ 
to  the  best  of  this  Defemlant's  knowledge  and  belief;  and  this  Defendant 
admits,  that  he  hath  applied  the  produce  and  profits  of  the  said  publication 
to  his  own  use.  And  this  Defendant  saith,  that  he  printed  and  published 
copie.s  of  the  said  book  or  work,  and  no  more,  and  that  he  hath 
sold  copies,  and  that  there  now  remains  copies  in  his 

own  custody  or  power,  or  in  the  custody  or  power  of  other  persons  by  his 
order,  or  for  his  use,  as  nearly  as  he  can  set  forth  the  said  several 
particulars,  as  to  his  knowledge  or  belief.  And  this  Defendant  hath', 
in  a  schedule  to  this  his  further  answer  annexed  or  underwritten,  and  which 
he  prays  may  be  taken  as  part  thereof,  set  forth  to  the  best  of  his  know- 
ledge, remembrance,  information,  and  belief,  a  just  and  true  account  of 
all  the  sums  of  money  which  have  arisen  by  the  publication  and  sale  of 
the  said  book,  and  of  the  profits  which  have  arisen  therefrom. 

J.  L. 


Answer  to  Bill  of  Revivor,  not  admitting  Assets. 

These  Defendants,  saving;,  &c.  say,  they  believe  it  to  be  true,  that  at 
<?r  about  the  time  in  the  said  bill  stated  R.  W.  in  the  sai !  bill  of  revivor 
named,  exhibited  his  original  bill  of  complaint  in  this  honorable  Court 
against  such  parties,  as  Defendants  thereto,  as  in  the  said  bill  are  men- 
tioned, thereby  stating  and  praying  to  the  effect  in  the  said  bill  of  revivor 
set  forth,  so  far  as  the  same  is  therein  set  forth,  and  that  in  consequence 
of  the  death  of  the  said  R.  W.  the  said  Complainant  T.  W.  at  or  about 
the  lime  in  the  said  bill  of  revi\or  mentioned,  exhibited  his  supplemental 
bill  m  this  honorable  Court,  against  such  parties  Defendants  thereto,  as 
therein  mentioned,  stating  and  praying  to  the  effect  in  the  said  bill  of 
revivor  set  forth,  so  far  as  the  same  is  therein  set  forth.  And  that  the 
said  several  Defendants  in  the  said  supplemental  bill  named,  afterwards 
appeared  and  put  in  their  answers  thereto,  and  that  such  proceedings 
have  since  been  had  in  the  said  cause,  as  in  the  said  bill  of  revivor  men- 
tioned. But  for  their  greater  certainty  nevertheless  these  Defendants 
crave  leave  to  refer  to  the  said  original  and  supplemental  bills,  answers, 
and  other  proceedings  now  remaining  filed  as  of  record  in  this  hcoiorable 
Court,  say,  they  admit  it  to  be  true,  that  before  any  further  proceedings 
were  had  in  the  said  cause,  and  at  or  about  the  time  in  the  said  bill  of 
revivor  in  that  behalf  stated,  G.  R.  one  of  tise  Dfjfendanjs  to  the  said 
(original  and  supplemental  bills,  and  one.  of  th''  executors  and  trustees 


408  ANSAVERS. 

under  the  will  oi  llie  Testator  T.  W.  in  the  said  bill  of  revivor  named, 
and  who  iiath  principally  acted  in  the  trusts  thereof,  departed  this  life, 
havinff  first  duly  made  and  published  his  last  uill  and  testament  in  writing, 
of  such  date  as  in  the  said  bill  of  revivor  mentioned,  and  thereof  appointed 
these  Defendants  executors;  and  these  Defendants  admit,  that  since  his 
death  they  have  duly  proved  his  said  will  in  the  proper  Ecclesiastical 
Court,  and  undertaken  the  executorship  thereof,  and  are  thereby  become 
his  legal  personal  representatives,  and  that  they  possessed  the  said  G.  R.'s 
personal  estate  and  elTects  so  far  as  they  have  been  conveniently  able, 
and  these  Defendants  believe  (although  they  do  not  admit  the  same)  that 
such  personal  estate  and  effects  are  sufficient  to  answer  whatever  might 
be  due  from  the  said  G.  R.  at  the  time  of  his  death  to  the  estate  of  the 
said  Testator  T.  W.  if  any  thing  were  so  due  ;  but  ihese  Defendants,  not 
knowing  the  amount  thereof,  are  advised  that  they  cannot  with  safety  or 
propriety  admit  assets  of  their  said  Testator  to  be  in  their  hands,  suflicient 
to  answer  the  same.  And  these  Defendants  say,  they  are  ready  to  ac- 
count for  the  said  G.  R.'s  personal  estate  possessed  by  them,  or  for  their 
use,  in  such  manner  as  the  Court  shall  be  pleased  to  direct,  if  the  same 
should  become  necessary,  say,  they  submit  that  the  said  suit  and  proceed- 
ings which  became  abated  on  the  death  of  the  said  G.  R.  may  stand  and 
be  revived  against  them  as  such  executors  as  aforesaid,  and  be  restored 
to  the  same  plight  and  condition  in  which  they  were  in  at  the  time  of  the 
death  of  the  said  G.  R.     Without  that,  ice. 


Answer  to  Bill  of  Revivor  and  Sujiplcmeni. 

This  Defendant,  dc.  believes  it  to  be  true,  that,  at  or  about  the  time  in 
liie  said  bill  staled,  the  several  persons  therein  in  that  behalf  named,  ex- 
hibited their  original  bill  of  complaint  in  this  honorable  Court,  against 
such  parties  as  Defendants  thereto,  as  in  the  said  bill  are  mentioned,  there- 
by stating  and  praying  to  the  effect  in  the  said  bill  set  forth,  so  far  as  the 
same  is  therein  set  forth.  And  that  such  decree,  decretal  order,  bill  of 
revivor,  and  other  proceedings  were  had  therein  as  in  the  said  bill  set  forth; 
but  for  his  greater  certainty,  nevertheless  this  Dct'endant  craves  leave  to  re- 
fer to  the  said  original  bill,  decree,  and  other  proceedings,  now  remaining 
as  of  record  in  this  honorable  ('ourt.  And  this  Defendant,  Sec.  that  A.  W. 
in  the  said  bill  named,  hath  lately  departed  this  life,  and  that  the  said  A.  W. 
dul)'  made  and  published  his  last  will  and  testament  in  writing,  thereby 
appointed  d;ime  A.  R.  R.  T.  and  this  l)«  iVndant,  executrix  and  executors 
thereof,  as  by  such  will,  or  the  probate,  A:c.  and  that  this  Defendant  hath 
since  the  death  of  the  said  A.  W.  alone  duly  proved  his  said  will  in  the  Pre- 
rogati\  e  Court  of  the  arclibi-.hnp  of  C.  and  Is  thereby  become  his  legal  per- 


ANSWERS.  409 

sonal  representative  of  the  said  A.  VV.  but  this  Defendant  doth  not  "know, 
nor  can  any  how  set  forth  who  is  the  heir  at  law  of  the  said  A.  W.  And 
this  Defendant  saith,  he  doth  not  know,  nor  can  form  any  behcf,  whether 
the  said  A,  W.  did  or  not,  after  the  making  of  the  report  in  the  said  bill 
mentioned,  receive  any  sum  or  sums  of  money  arising  from  tiie  real  and 
personal  estate  of  the  said  D.  G.  tiie  elder,  the  Testator,  in  the  pleadings 
of  this  cause  named,  which  ought  to  have  been  accounted  for  by  him. 
But  this  Defendant  saith,  he  admits  that  he  hath  received  assets  of  the 
said  A.  W.  suflicient  to  answer  any  such  sum  or  sums  of  money,  if  it  shall 
appear  that  any  such  were  rcc-'ived  and  not  accounted  for  by  the  said 
A.  W.  in  his  life-time.  And  this  Defendant  saith,  that  he  is  a  stranger 
to  the  several  other  matters  and  things  in  the  said  bill  inquired  after. 
But  submits  that  the  said  suit  and  the  proceedings  had  therein,  should 
stand  and  be  revived  against  him  this  Defendant,  as  such  personal  repre- 
sentative as  aforesaid. 


Answer,  stating  Birth  of  Child,  to  a  Supplemental  Bill. 

These  Defendants,  &c.  say,  they  admit  it  to  be  true,  that  the  several 
Complainants  (^nnme  them)  exhibited  their  original  bill  of  complaint  in 
this  honorable  Court- against  this  Defendant  S.  R.  as  Defendant  thereto, 
thereby  stating  and  praying  to  the  effect  in  the  said  supplemental  bill  set 
forth,  so  I'ar  as  the  same  is  therein  set  forth.  And  that  such  decree  and 
other  proceedings  were  had  therein,  as  in  the  said  supplemental  biU  men- 
tioned ;  but  for  greater  certainty,  &c.  And  this  Defendant  S.  for  herself 
saith,  tjiat  at  the  time  of  the  death  of  her  former  husband  W.  B.  the  in- 
testate in  the  pleadings  in  this  cause  named,  she  was  ensient  with  child, 
and  that  on  or  about,  &c.  she  was  delivered  of  a  daughter,  the  said  Com- 
plainant G.  B.  And  these  Defendants  say,  they  admit  it  to  be  true,  that 
they  these  Defendants  have  lately  intermarried  together.  And  these 
Defendants  submit,  that  the  said  decree  made  on  the  hearing  of  the  said 
original  suit,  may  be  prosecuted  and  carried  i;;to  effect. 


Answer  of  Assignees  of  Bankrupt  to  Bill  of  Supplement 
ivhich  made  them  Parties. 

These  Defendants,  &;c.  believe  it  to  be  true,  that  Plaintiffs  did,  at 
or  about  the  time  in  the  bill  in  that  behalf  mentioned,  e>yhibit  their 
original  bill  against  such  parties  Defendants,  and  thereby  praying  such 
relief   and  matters,    or  to  such  effect  as  in  the  said  supplemental  bill 

53 


410  ANsULll."?. 

in  that  belialf   is  nicnlii)'.)cd,  and  that  the  several    DcJciidaiils  thereto 
apppari\l. 

Bohevc.  that  all  the  Deleiidants  to  said  original  bill,  except  Defendant 
I.  I>.  iiave  pnt  in  tlieir  answers  to  said  bill,  but  for  their,  &c. 

Kclicve,  tiiat  by  or  under  sonic  order  ol"  this  Court,  the  sum  of  £ 
has  l)een  paid  into  Court  in  this  cause. 

Admit  it  to  be  true,  that,  at  or  about  the  time  in  said  supplemental 
bill,  in  that  behalf  mentioned,  a  commission  of  bankrupt,  under  the  great 
seal  of  Great  Critain.  was  awarded  and  issued  against  said  Defendant 
I.  B.  and  that  he  has  been  duly  found  and  declared  a  bankrupt,  and  that 
Defendants  have  been  duly  chosen  and  appointed  assignees  of  the  said 
Defendant  I.  ]>.  the  bankrupt's  estate  and  effects,  ami  that  an  assignment 
thereof  has  been  duly  made  and  executed  to  Defendants,  by  a  legal  num- 
ber of  the  commissioners  named  in,  and  acting  under  such  commission, 
and  therefore  admit  that  Plaintifis  are  entitled  to  such  relief  against 
Defendants  as  representing  said  Defendant  I.  B.  as  they  were  entitled  to, 
or  might  have  had  against  said  Defendant  I.  B.  if  he  had  not  become  a 
bankrupt,  but  whether  or  not,  the  Plaintiffs  weie  entitled  to  sucii  relief 
against  said  Defendant  I.  B.  as  they  have  prayed,  in  and  by  their  said 
original  bill,  or  to  any  relief,  either  ag^ainst  said  Defendant  1.  B.  or  against 
Defendants,  touching  the  matters  in  said  bill  mentioned.  Defendants  say 
they  do  not  know,  nor  can  they  set  forth,  for  Defendants  say  they  are 
strangers  to  the  matters  and  transactions  in  said  original  bill  menlioiK>d- 
save  as  the  same  af)j)ear  from  the  bill,  and  therefore  Defendants  say  they 
crave  leave  to  refer  to  the  answer  which  said  Defendant  1.  B.  shall  jiutin 
upon  his  oath  to  said  bill. 

Say,  that  as  such  assignees  as  aforesaid,  they  claim  all  such  interest  in 
the  matters  in  question  in  said  original  suit,  as  said  Defendant  I.  B.  was, 
or  should  be  found  to  be  entitled. 


Answer  of  an  Assignee  of  a  Bankrupt,  to  a  Bill  of  Revivor 
and  SKpplem.^nt. 

This  Defendant,  saving,  &'c.  saith,  he  admits  it  to  be  true,  that  the  said 
original  bill  of  complaint,  and  the  said  several  bills  of  revivor  and  sup|jle- 
ment,  were  exhibited  in  this  honorable  Court,  at  or  about  the  times,  and 
between  such  parties,  and  to  such  tenor  and  effect  respectively,  as  in  the 
5aid  bill  of  revivor  and  supplement  of  the  said  T.  M.  is  in  that  behalf  set 
forth,  and  that  such  proceedings  were  thereupon  respectively  had,  as  in 
the  said  bill  of  revivor  and  supplement  of  the  said  T.  M.  are  in  that 
behalf  stated.     But  for  greater  certainty,  &c.  refers,  &c. 

Saith,  that  P.  B.  and  T.  Pi.  who,  together  with  this  Defendant,  at  the 
time  of  the  exhibiluig  of  the  aforesaid  bill  of  revivor  and  supplement  of 


ANSWEPxS.  411 

the  said  A.  S.  <leceased,  were  surviving  assignees,  and  eflects  of  I.  W.  a 
bankrupt  in  the  said  original  bill  and  bills  of  revivor  and  sup|)lcnicnl 
named,  and  as  such  assignees  were  Defendants  to  the  said  bill  of  revivor 
and  supplement  of  the  said  A.  S.  deceased,  and  jointly  with  this  Defen- 
dant put  in  their  answer  thereto,  and  tlie  said  P.  B.  and  T.  R.  have  both 
since  departed  this  life,  and  this  Defendant  is  thereby  become  the  sole 
surviving  assignee  of  the  said  estate  and  eil'ects  of  the  said  T.  W.  And 
this  Defendant  as  such  ass^ignee  claims,  Sec.  (^stating  the  hanhrupt'a 
claims  upon  the  said  lands,  and  the  monies  appearing  due  upon  the  gene- 
ral report  which  is  set  forth  in  the  hill  of  revivor  and  supplement.) 
Without  that.  &c. 


An  Ansiver  of  a  single  Defendant  to  a  Bill  of  Reviroi 
and  Sufplcmenl. 

The  answer  of  W.  L.  one  of  the   Defendants,  to  the  bill  of 
revivor  and  supplement  of  J.  13.  Comi)lainant. 

This  Defendant,  saving,  &:c.  saith,  he  believes  it  to  be  true,  that  at  or 
about  the  time  in  the  said  bill  of  revivor  and  supplement  stated,  the  said 
J.  B.  exhibited  her  original  bill  of  complaint  in   this   honorable   Court, 
which  was  afterwards  duly  amended  by  order  thereof,  duly  obtained- for 
that  purpose,  and  that  such  bill  so  amended,  was  against  such  parties  as 
Defendants  thereto,  as  in  the  said  bill  are  mentioned,  thereby  stating  and 
praying  to  the  effect  in  the  said  bill  of  revivor  and  supplement  set   forth, 
so  far  as  the  same  is  therein  set  forth,  and  that  the  said  Defendants  seve- 
rally appeared  and  put  in  their  answers  to  tlip  said  bill,  and  a  replication 
was  filed  to  some  of  such  answers.     And  this  Defi^iidaiit  furthej-  answer- 
ing, saith,  he  believes  it  to  be  true,  that  before  any  further  or  olher  pro- 
ceedings were  had  in  the  said  cause,  J.  K.  in  the  said  bill  nnmeci,,  departed 
this  life,  leaving  I.  K.  her  only  son  and  heir  at  law,  her  surviving,  whereby 
the  said  suit   and  proceedings  therein  as   to   her  became  abated  ;  and 
that  the  said  suit  and  proceedings  having  become  so  abated  by  the  death 
of  the    said  J,  K.  the  said  Complainant  exhibited  her  bill  of  revivor  in 
this  honorable  Court,  against  the  said  J.  K.  the  younger,  as  the  heir  at 
law  of  the  said  J.  K.  thereby  praying  to  the  eflei !  therein  mentioned,  and 
that  such  proceedings  have  been  had  in  the  said  cause,  as  in  the  said  bill 
of  revivor  and  supplement  mentioned.  But  for  greater  certainly,  iVc.  And 
this,  &c.  admits  it  to  be  true,  that  before  any  further  proceedings  were  had 
in  the  said  cause,  S.  L.  the  late  wife  of  this  Defendant,  departed  this  life, 
leaving  this  Defendant,  her  husband,  and  W.  E.  L.  another  Defendant  to 
ihe  said  bill  of  revivor  and  supplement,  her  only  :>on  and  heir  at  law  sur- 


412  ANSWERS. 

viving.t  And  this  Defendant  saitli,  that  articles  of  agreement,  bearing 
date,  &c.  were  made  aud  entered  into  between  this  Defendant  and  his 
late  wife,  previous  to  their  marriage,  whereby,  &-c.  (being  the  power  of 
appointment  reserved  to  her.)  And  this  Defendant  further  saith,  that 
the  said  S.  L.  did,  in  pursuance  of  the  power  given,  and  reserved  to  her 
by  the  before-mentioned  articles,  duly  make  and  publish  her  last  will  and 
testament  in  writing,  bearing  date,  &c.  and  which  was  executed  and 
attested  in  the  presence  of  three  witnesses,  whereby,  &c.  {giving  the 
estates  to  her  husband)  but  for  his  greater  certainty,  &.c.  And  this  De- 
fendant s'aitli,  that  the  said  S.  L.  departed  this  life  without  altering  or 
revoking  her  said  will.  And  this  Defendant  saith,  that  in  case  it  shall 
appear  that  this  Defendant,  by  virtue  of  such  articles  and  will,  is  entitled 
to  any  interest  in  the  estate  in  question  in  this  cause,  then  this  Defendant 
claims  the  same.     Without  that.  Sec. 


The  Answer  of  the  Heir  at  Law  to  same  Suit,  which  is 
precisely  the  same  down  to  the  Cross.f 

And  this  Defendant  saith,  he  humbly  insists,  that  upon  the  death  of  the 
said  S.  L.  all  her  right  and  interest  in  the  estate  in  question  in  this  cause 
descended  to,  and  became  vested  in  this  Defendant,  as  her  heir  at  law, 
and  that  if  the  said  S.  L.  made  any  such  will,  as  in  the  said  bill  of  revivor 
and  supplement  in  that  behalf  alleged,  that  such  her  right  and  interest 
in  the  said  estates  was  in  no  manner  affected  thereby.  And  submits  the 
cause  may  be  revived,  &:c.  (^in  the  usi/al  ivnrcit;.)    Without  that,  &c. 


A  Part  of  Answer  to  Inquiry^    respecting  Incumbrances^ 
^•c.  Schedule  of  Deeds. 

And  this  Defendant  further  answering,  saith,  he  admits  it  to  be  true, 
that  there  are  other  charges  and  incumbrances  affecting  the  said  mort- 
gaged premises.     And  this  Defendant  saith,  he  hath,  in  a  schedule  to 
this  his  answer  annexed,  or  underwritten,  and  which  he  prays  may  be 
taken  as  part  thereof,  set  forth,  according  to  the  best  of  his  knowledge, 
remembrance,  information  and  belief,  the  particulars  of  all  and  every  such 
mortgages  or  olher  charges,  and  the  dates  thereof  respectively,  and  the 
sum  and  sums  of  money  thereby  respectively  secured,  and  the  name  and 
names  of  the  grantees  or  mortgagees  thereof,  and   also  the  name  and 
names  of  the  person  and  persons  in  whom  the  same  are  now  respectively 
vested,  or  last  were  vested.     And  this  Defendant  hath  also  in   the   said 
schedule  to  this  his   answer  annexed,  set   forth  a  full,  true,  and   parti- 
cular list  or  schedule  of  all  deeds  and  instruments  whatsoever,  relating  to 


ANSWERS.  413 

il)e  said  tnoftgaged  premises  which  are  now  in  the  custody  or  power  of 
this  Defondant;  and  this  Defendant  is  ready  to  produce  and  leave  the 
same  in  the  iiands  o-f  his  clerk  in  court,  for  the  usual  purposes. 


Concluding  Part  of  an   Answer  of  next  of  Kin,  to  Bill 
of  Revivor  and  Supplement,    by  eldest  Brother. 

Admit  it  to  be  true,  that  before  any  further  pi-ocecdings  were  had  in 
the  said  cause,  and  at  or  about  the  time  in  the  said  bill  of  revivor  and 
supplement  mentioned,  the  said  late  Compjainant  G.  D.  departed  this 
life  under  the  age  of  21  years,  intestate  and  without  issue,  leaving  the 
said  Complainant  D.  D.  his  brother  of  the  whole  blood,  S.  D.  another 
Defendant  in  the  said  bill  of  revivor  and  supplement  named,  his  only 
sister  of  the  whole  blood,  and  this  Defendant  P.  C.  his  mother,  and  these 
Defendants  A.  B.  and  C.  his  brothers  of  the  half-blood,  his  next  of  kin, 
him  surviving.  And  this  Defendant  P.  C.  admits  that  she  hath,  since 
the  death  of  the  said  G.  D.  her  son,  procured  letters  of  administration  of 
his  personal  estate  and  effects  to  be  granted  to  her,  by  and  out  of  the  pro- 
per Ecclesiastical  Court,  and  is  thereby  become  the  legal  personal  repre- 
sentative of  the  said  G.  D.  as  in  and  by,  &c.  And  these  Defendants  C.  C. 
and  P.  C.  say,  that  the  Defendants  A.  B.  and  C.  are  the  only  children  of 
the  said  Defendants  C.  C.  and  P.  C.  his  wife,  and  that  they  are  all  infants 
under  the  age  of  21  years.  And  these  Defendants  C.  C.  and  P.  C.  his 
wife,  in  right  of  the  said  P.  C.  and  these  other  Defendants,  severally  claim 
to  be  entitled,  as  next  of  kin  of  the  said  intestate  G.  D,  to  their  distribu- 
tive shares  in  the  personal  estate  of  the  said  intestate,  and  these  Defen- 
dants submit  to  this  honorable  Court,  whether  the  said  Complainant  is 
entitled  to  have  the  benefit  of  the  said  suit,  so  instituted  by  his  said  bro- 
ther, the  said  G.  D.  in  tliis  honorable.  Court,  and  of  the  proceedings  had 
under  the  same. 


Schedule  of  real  Estates  not  particularly  devised. 

Say,  they  have  in  the  first  schedule  to  this  their  answer  annexed,  and 
which  they  humbly  pray  may  be  taken  as  part  thereof,  set  forth  a  full, 
true,  and  just  rental  and  particular  to  the  best  of  their  respective  know- 
ledge remembrance,  information  and  belief,  of  all  the  real  estates,  as 
well  freehold  as  copyhold,  whereof  or  whereunto  the  said  W.  B.  was 
s-eised  or  entitled  at  the  time  of  the  date  of  his  will,  and  of  his  death, 
which  are  not  particularly  devised  by  his  said  will,  and  where  every  part 
thereof  is  situate,  and  the  yearly  value  of  such  particular  thereof,  and  in 


414  ANSWERS. 

whose  tenure  or  occupation  tlie  same  and  every  part  thereof  now  are  or 
is,  and  from  time  to  time,  since  the  death  of  the  said  W.  B.  have  and 
hatli  been,  and  under  what  yearly  or  other  rents  or  rent. 


Schedule  of  Rents  received. 

Say,  that  they  have,  in  their  second  schedule  to  this  their  answer 
annexed,  and  which  they  humbly  pray  may  be  taken  as  part  thereof, 
set  forth  according  to  the  best  of  their  respective  knowledge,  &c.  a  full, 
true,  and  particular  account  of  all  and  every  sum  and  sums  of  money 
which  have  been  received  by  these  Defendants  or  either  of  them,  or 
any  other  persons  or  person,  by  the  order,  or  for  the  use  of  them,  or 
either  of  them,  for  or  in  respect  of  the  rents  and  profits  of  the  real 
estates  of  the  said  W.  B.  and  every  part  thereof  which  have  become  due 
since  the  death  of  the  said  Testator,  and  when,  and  by  whom,  and  for 
whose  use,  and  from  whom,  and  for  what  rent  or  rents,  and  of  what  part 
of  the  said  real  estates,  and  when  due,  all  and  every  such  sum  and, 
•=;ums  of  money  have  been  respectively  received. 


Schedule  of  Debts  to  be  inserted  in  Answer. 

Says,  that  he  has  in  the  first  schedule  to  this  his  answer  annexed,  set 
forth  according  to  the  best  and  utmost  of  his  knowledge,  remembrance, 
information  and  belief,  a  full,  true,  and  particular  account  of  all  and 
singular  the  debts  which  were  owing  by  the  said  T.  or  A.  or  either  of 
them,  as  well  at  the  time  of  making  the  said  will,  as  at  the  decease  of 
the  said  Testator,  and  interest  due  thereon,  for  such  of  the  same  debts 
carrying  interest,  calculated  to,  &:c.  &c. 


Schedule  of  Personal  Estate. 

And  these  last-named  Defendants  further  severally  answering,  say,  they 
have,  in  the  first  schedule  to  this,  their  answer  annexed  or  underwritten, 
and  which  they  pray  may  be  taken  as  part  thereof,  set  forth,  according  to 
the  best  and  utmost  of  their  several  and  respective  knowledge,  informa- 
tion and  belief,  an  account  of  the  personal  estale  and  effects  of  the  said 
Testator,  at  the  time  of  his  death,  and  also  of  the  rents  and  profits  of  his 
real  estate  accrued  since,  distinguishing  what  part  of  the  same  hath 
come  to  the  hands  of  these  Defemlarils  respectively,  or  of  any  other  per- 
son or  persons,  to  their,  or  either  of  their  use,  and  for  what  sum  of 
money  the  same  and  cverv  part  of  such  personal  estate  was  sold. 


415 


SECT.  II. DEMURRER. 


WHENEVER  any  ground  of  defence  is  apparent  on  the 
bill  itself,  either  from  matter  contained  in  it,  or  from  defect 
in  its  frame,  or  in  the  case  made  by  it,  the  proper  mode  of 
defence  is  by  demurrer.     (Mit.  99.) 

A  demurrer  is  the  allegation  of  the  Defendant,  which 
admitting  the  matters  of  fact,  or  some  of  them,  alleged 
by  the  Plaintiff  in  his  bill  to  be  true,  shews  that  as  they  are 
set  forth  by  th.e  Plaintiff  himself,  they  are  insufficient  for 
him  to  proceed  upon,  or  to  oblige  the  Defendant  to  make 
answer  unto,  or  that  for  some  reason  apparent  on  the  face 
of  the  bill,  or  because  of  the  omission  of  some  matter  which 
ought  to  be  contained  therein,  or  for  want  of  some  circum- 
stances which  ought  to  be  attendant  thereon,  the  Defen- 
dant ought  not  to  be  compelled  to  answer.  (Mit.  99.J  And 
therefore  it  demands  the  judgment  of  the  court,  whether 
the  Defendant  shall  be  compelled  to  make  answer  to  the 
Plaintiff's  bill,  or  to  some  certain  part  thereof. 

The  principal  grounds  of  objection  to  the  relief  sought 
by  an  original  bill  which  can  appear  on  the  bill  itself,  and 
may  therefore  be  taken  advantage  of  by  demurrer  are, 
first,  that  the  subject  of  the  suit  is  not  witiiin  the  juris- 
diction of  a  coiirt  of  equity ;  secondly,  that  some  other 
court  of  equity  has  the  proper  jurisdiction  ;  thirdly,  that 
the  Plaintiff  is  not  entitled  to  sue  by  reason  of  some  per- 
sonal disability  ;  fourthly,  that  hq  has  no  interest  in  the 
subject,  or  no  title  to  institute  a  suit  concerning  it :  fifthly, 
that  he  has  no  ri^ht    to  cull   oh  the  DefendaiU  concerning 


416  DEMURRER. 

the  subject  of  the  suit ;  sixthly,  that  the  Defendant  has 
not  that  interest  in  the  subject  which  can  make  him  liable 
to  the  claims  of  the  Plaintiff;  seventhly,  that  for  some 
reason,  founded  on  the  substance  of  the  case,  the  Plaintiff 
is  not  entitled  to  the  relief  he  prays  ;  eighthly,  the  defi- 
ciency of  the  bill  to  answer  the  purpose  of  complete  justice  ; 
and,  ninthly,  the  impropriety  of  confounding  distinct  sub- 
jects in  the  same  suit,  or  of  unnecessarily  multiplying  suits. 
(Harrison's  Chan,  210.) 

The  objections  to  a  bill  which  are  causes  of  demurrer  to 
discovery  only  are,  first,  that  the  case  made  by  the  bill  is 
not  such  in  which  a  court  of  equity  assumes  a  jurisdiction 
to  compel  a  discovery  ;  secondly,  that  the  Plaintiff  has  no 
interest  in  the  subject,  or  no  interest  which  entitles  him  to 
call  on  the  Defendant  for  a  discovery  ;  thirdly,  that  the 
Defendant  has  no  interest  in  the  subject  to  entitle  the 
Plaintiff  to  institute  a  suit  against  him  even  for  the  purpose 
of  discovery  ;  fourthly,  that  there  is  not  that  privity  of 
title  between  them  which  gives  the  Plaintiff  a  right  to  the 
discovery  required  by  his  bill ;  fifthly,  that  the  discovery, 
if  obtained,  cannot  be  material ;  sixthly,  that  t!:c  situation 
of  the  Defendant  renders  it  improper  for  a  court  of  equity 
to  compel  a  discover}'.    (Mii.  149.) 

As  a  demurrer  relies  merely  upon  matter  ap))arent  on 
the  face  of  the  bill,  so  much  of  the  bill  as  the  demurrer 
extends  to  is  taken  for  true  ;  thus,  if  a  demurrer  is  to  the 
whole  bill,  (that  is,  every  thing  necessary  to  support  the 
Plaintiff's  case  which  is  well  charged  in  the  bill,  1  Ves. 
426,  427.)  The  whole  is  taken  for  true  ;  if  it  is  to  any 
particular  discovery,  the  matter  sought  to  be  discovered, 
and  to  which  the  demurrer  extends,  is  taken  to  be  as  stated 
in  the  1)ill,  and  if  the  Defendant  demurs  to  relief  only,  the 
whole  case,  made  by  the  bill  to  ground  the   relief  prayed, 


DEMURRER.  417 

is  considered  as  true.  A  demurrer  is  therefore  always  pre- 
ceded by  a  protestation  against  the  truth  of  tlic  matters 
contained  in  the  bill  ;  a  practice  borroAved  from  the  com- 
mon law,  and  probably  intended  to  avoid  conclusion  in 
another  suit.     (Mit.  \13.) 

A  demurrer  must  express  the  several  causes  of  demurrer. 
(^Harrison's  Chan.  2l\.)  And  in  case  the  demurrer  does 
not  go  to  the  whole  bill,  it  must  clearly  express  the  parti- 
cular parts  of  the  bill  demurred  to.  (2  Ves.  451.  Mit.  173.) 

A  Defendant  may  demur  as  to  part,  plead  as  to  other 
part,  answer  to  the  residue. 

An  argumentative  demurrer  is  bad.  (2  Ve.'i.  jun.  83.) 
Where  there  is  an  argument  in  the  body  of  the  demurrer, 
such  as,  "  in  or  about  the  year  1770,  ivhich  is  upwards  of 
twenty  years  before  the  hill  filed. ^"^  It  is  a  speaking  de- 
murrer, and  bad.  {Harrison'' s  Chan.  212.) 

The  ground  of  demurrer  must  be  a  short  point,  upon 
which  it  is  clear  the  bill  would  be  dismissed,  with  costs,  at 
the  hearing.     (3  Ves.  253.) 

A  Defendant  cannot  demur  and  plead,  or  demur  and 
cinswer  to  the  same  part  of  the  bill ;  for  the  plea  or  answer 
€ver-rules  the  demurrer.    (3  P.  W.  80.  2  Atk.  282.) 

A  Defendant  may  demur  to  any  part  of  the  bill,  so  as 
the  demurrer  be  filed  before  the  rule  to  answer  be  out,  and 
before  lie  has  obtained  an  order  for  time  to  answer ;  but 
after  such  order  obtained  to  put  in  his  answer  only,  he 
cannot  demur,  unless  he  obtains  an  order  for  that  pur- 
pose. 


54 


418  DEMUKREK. 

Where  a  demurrer  leaves  any  part  ot  a  bill  uiitoucliccl, 
the  whole  may  be  amended,  notwithstanding  the  allowance 
of  the  demurrer.  But  after  the  demun-er  to  the  whole  of 
a  bill  has  been  argued  and  allowed,  the  bill  is  out  of  court, 
and  therefore  cannot  be  regularly  amended.  To  avoid  this 
consequence,  the  court  has  sometimes,  instead  of  deciding 
upon  the  demurrer,  given  the  Plaintiff  liberty  to  amend 
his  bill,  paying  the  costs  incurred  by  the  Defendant ;  and 
this  has  been  frequently  done  in  the  case  of  a  demurrer  for 
want  of  parties.    (2  Cha.  Ca.  197.  Mit.  174.) 

After  a  demurrer  to  the  whole  bill  over-ruled,  the  De- 
fendant may  put  in  a  demurrer  less  extended  ;  but  not  with- 
out leave  of  the  court.    (Harrison''s  Chan.  217.) 


DEMURRER.  419 

A  general  Demurrer  for  want  of  Equity. 

The  demurrer  of  D.  D.,  and  J.  D.,  and  S.  K.,  three  of  the 
Defendants,  to  the  bill  of  complaint  of  S.  S.  Complainant. 
These  Defendants,  by  protestation,  not  confrs?;ing  all  or  any  of  the 
matters  and  things  in  the  said  Complainant's  bill  contained,  to  be  true  in 
such  manner  and  form  as  the  same  are  therein  set  forth  and  alleged,  do 
demur  to  the  said  bill,  and  for  cause  of  demurrer  shew,  that  the  said 
Complainant  has  not  by  his  said  bill  made  such  a  case  as  entitles  him, 
in  a  Court  of  Equity,  to  any  discovery  from  these  Defendants  respectively, 
or  any  of  them,  or  any  relief  against  them,  as  to  the  matters  contained  isi 
the  said  bill,  or  any  of  such  matters,  and  that  any  discovery  which  can 
be  made  by  these  Defendants,  or  an\-  of  them,  touching  the  matters  com- 
plained of  in  the  said  bill,  or  any  of  them,  cannot  be  of  any  avail  to  the 
said  Complainant  for  any  of  the  purposes  for  which  a  discovery  is  sought 
against  these  Defendants  by  the  said  bill,  nor  entitle  the  said  Complainant 
to  any  relief  in  this  Court,  touching  any  of  the  matters  therein  com- 
plained of.  Wherefore,  and  for  divers  other  good  causes  of  demurrer 
appearing  in  the  said  bill,  these  Defendants  do  demur  thereto,  and  they 
pray  the  judgment  of  this  honorable  Court,  whether  they  shall  be  com- 
pelled to  make  any  further  and  other  answer  to  the  said  bill,  and  they 
humbly  pray  to  be  dismissed  from  hence  with  their  reasonable  costs  in 
this  behalf  siistained. 


Demurrer  for  ivant  of  Parties. 

These  Defendants,  by  protestation,  &:c.  do  demur  to  the  said  bill,  and 
for  cause  of  demurrer  shew,  that  it  appears  by  the  said  Complainant's 
own  shewing  in  the  said  bill,  that  J.  S.  therein  named,  is  a  necessary 
party  to  the  said  bill,  as  much  as  it  is  therein  stated,  that  the  said  Testa- 
tor did,  in  his  life-time,  by  certain  conveyances  made  to  the  said  J.  S.  in 
consideration  of  £  ,  convey  to  him  by  way  of  mortgage,  certain 

estates  in  the  said  bill  mentioned,  for  the  purpose  of  paying  the  said 
Testator''s  said  debts  and  legacies;  but  yet  the  said  Com|)lainant  halh 
not  made  the  said  J.  S.  a  party  to  the  said  bill.     Wherefore  as  before,  ilc. 


Demurrer,  because  the  Discovery  sought  may  subject  the 
Dfendant  to  Pemillies  which  the  Phiintiff  has  not 
ivaived. 

This  Defendant,  &:c.   as  to  such  part  and  so  much  of  the  said  bill  as 
seeks  to  have  discovf-ry  from  this  Defendant  of  anv  timber,  or  young 


420  DEMURRER, 

timber  trees,  in  the  said  bill  suggested  to  have  been,  since  the  death  of  sir 
J.  T.  hart,  the  Defendant's  late  father,  deceased,  in  the  said  bill  men- 
tioned, felled  or  cut  down  on  the  estate  in  the  said  bill  mentioned,  or  any 
part  thereof,  by  this  Defendant,  or  by  his  directions,  or  seeks  to  have 
any  discovery  of  all  or  any  sum  or  sums  of  money  for  which  the  same  or 
any  part  thereof  were  or  was  sold  by  this  Defendant,  doth  demur,  and 
fur  cause  of  demun  er  sheweth,  that  by  the  known  and  settled  rules  of 
this  honorable  Court,  no  person  ought  to  be  compelled  to  set  forth  or 
discover  any  matter  or  thing  which  doth  or  may  subject  him  to  any  pains, 
penalties,  or  forfeitures  whatsoever ;  and  theiefore  as  the  said  discovery 
sought  by  the  said  PlaintilPs  said  !)ill,  doth  and  may,  by  the  known  law 
of  this  kingdom,  subject  and  make  this  Defendant  liable  to  several  pains, 
penalties,  and  forfeitures,  and  which  the  said  Complainant  hath  not  in  and 
by  his  said  bill  waived,  as  is  usual  in  cases  of  the  like  nature  to  do,  this 
Defendant  doth  demur  iti  law  to  so  much  and  such  parts  of  the  said  bill, 
as  prav  the  aforesaid  discovery,  and  humbly  demands  the  judgment  of 
this  honorable  Court,  whether  he  ought  to  be  compelled  to  make  any 
further  or  other  answer  than  as  aforesaid,  to  such  parts  of  the  said  bill 
as  he  hath  so  demurred  unto. 


The  several  Demurrer  and  Answer  of  B.  C,  Wife  of  T.  C. 
a  Lunatic,  one  of  the  Defendants^  to  the  Bill  of  Comjjlaint 
of  S.  E.  Complainant. 

This  Defendant,  by  protestation,  not  confessing  or  acknowledging  all  or 
any  of  the  matters  and  things  in  the  Complainant's  said  bill  mentioned 
to  be  true,  in  such  manner  and  form  as  the  same  are  therein  set  forth,  as 
to  the  said  bill  or  so  much  thereof  as  seeks  to  have  the  witnesses  to  the 
will  of  the  said  T.  C.  this  Defendant's  said  husband,  examined,  and  their 
testimony  recorded  in  this  lionorable  Ccurl,  in  order  to  the  perpetuating 
thereof,  this  Defendant  doth  demur,  and  for  cause  of  demurrer  sheweth, 
that  the  said  T.  C.  at  the  time  of  the  exhibiting  of  the  said  bill  was,  and 
still  is  living,  and  that  the  witnesses  of  the  said  will  of  the  said  T.  C. 
ought  not  to  be  examined  to  prove  the  said  will,  nor  ought  their  testi- 
mony to  be  recorded  during  the  life  of  the  said  T.  C,  and  for  that  the 
said  Complainant  hath  not  any  right  or  title,  by  or  under  the  said  will, 
until  the  said  'l\  C.'s  death.  Wherefore,  and  for  divers  other  errors  and 
imperfections,  good  causes  of  demurrer  appearing  in  the  said  bill,  this 
Defendant  doth  demur  to  such  parts  of  the  said  bill  as  aforesaid,  and  as 
to  the  residue  of  the  said  bill,  this  Defendant  not  waiving  her  said  de- 
murrer, but  relying  thereon,  and  saving  and  reserving  to  herself  all  and 


DEMURRER.  421 

all  manner  of  benefit  and  advantage  of  exception,  that  can  or  may  be 
had  or  taken  to  the  many  errors,  uncertainties,  and  insufficiencies  in  such 
residue  contained,  doth  answer  and  say,  she  hath  heard  and  beUeves  it  to 
be  true,  that  the  said  T.  C.  did  several  years  ago,  but  when  exactly  this 
Defendant  cannot  set  forth,  become  disordered  in  his  mind,  and  hath  ever 
since  been,  and  still  is,  incapable  of  managing  himself  or  his  affairs  ;  and 
that  the  said  Complainant  did,  on  or  about  the         day  of  ,  prefer 

a  petition  to  the  then  Lord  High  Chancellor  of  Great  Britain,  that  a 
ccnimission  might  issue  to  inquire  of  the  lunacy  of  the  said  T.  C,  and 
that  a  commission  issued  accordingly,  and  such  inquisition  was  taken 
therein  as  in  the  said  bill  is  for  that  purpose  mentioned  and  set  forth,  and 
that  the  said  T.  C.  doth  still  continue,  and  is  a  lunatic :  but  this  Defen- 
dant, for  greater  certainty,  craves  leave  to  refer  to  the  records  of  the  said 
commission  and  inquisition ;  and  this  Defendant  further  saitli,  she  admits 
it  to  be  true,  that  after  the  said  T.  C.  was  found  a  lunatic  as  aforesaid, 
the  care  and  custody  of  his  person  was  committed  to  this  Defendant,  and 
the  care  and  management  of  his  estate  was  committed  to  W.  C.  esq.  in 
the  said  bill  named,  and  that  the  said  T,  C.  her  husband  is  still  living 
and  this  Defendant  doth  deny  all  manner  of  combination  and  confederacy 
in  the  said  bill  charged,  and  humbly  prays  to  be  hence  dismissed,  with 
her  reasonable  costs  and  charges,  in  this  behalf  sustained. 


Demurrer  to  a  Bill  of  Interpleader,  for  want  of  ihe  usual 
Affidavit,  that  Plaintiff  does  not  collude  with  any  of  the 
Defendants. 

This  Defendant,  by  protestation,  not  confessing  or  acknowledging  all 
and  every  of  the  matters  or  things  in  the  said  Complainant's  said  bill 
alleged  or  contained,  to  be  true,  in  such  manner  and  form  as  the  same 
are  therein  or  thereby  set  forth  or  alleged,  to  the  whole  of  the  said  bill 
doth  demur,  and  for  cause  of  demurrer  sheweth,  that  although  the  said 
Complainant's  said  bill  is  on  the  face  thereof,  a  bill  of  interpleader,  and 
prays  that  this  Defendant,  and  the  other  Defendants  thereto,  may  inter- 
plead together  concerning  the  matters  therein  mentioned,  and  may  be 
restrained  by  injunction,  from  proceeding  at  law  against  the  Complain- 
ant concerning  such  matters  with  any  of  the  Defendants  thereto,  which 
affidavit  ought,  according  to  the  rules  of  this  honorable  Court,  as  this 
Defendant  is  advised,  to  have  been  made,  and  annexed  to  the  said.bilL 
Wherefore,  8rc 


422  DEMURRER. 

Demurrer  to  a  Bill  relating  to  distinct  Matters. 

This  Defendant,  by  protestation  not  confessing  any  of  the  matters  and 
things  contained  in  the  said  bill,  to  be  true,  as  therein  alleged,  saith, 
that  he  is  advised  by  his  counsel,  that  the  Complainant's  said  bill  is  insuffi- 
cient and  to  which,  by  the  rules  of  this  honorable  Court,  this  Defendant 
ought  not  to  be  compelled  to  make  or  give  any  answer,  and  for  cause  of 
demurrer  thereunto,  this  Defendant  sheweth  that  it  appears  by  the  said 
bill,  that  the  same  is  exhibited  against  this  Defendant  and  J.  S.  for  seve- 
ral distinct  matters  and  causes,  in  many  whereof,  as  appears  by  the  said 
bill,  this  Defendant  is  not,  in  any  manner,  interested  or  concerned,  by 
reason  of  which  distinct  matters  the  said  Complainant's  said  bill  is  drawn 
out  to  a  considerable  length,  and  this  Defendant  is  compelled  to  take  a 
copy  of  the  whole  thereof,  and  by  joining  this  Defendant,  and  distinct 
matters  together,  which  do  not  depend  on  each  other  in  the  said  bill,  the 
pleadings,  orders,  and  proceedings  will,  in  the  progress  of  the  said  suit, 
be  intricate  and  prolix,  and  this  Defendant  put  to  the  unreasonable  and 
unnecessary  charges  in  taking  copies  of  the  same,  although  several  parts 
thereof  no  ways  relate  to  or  concern  him  ;  for  which  reason,  and  for 
divers  other  errors  appealing  in  the  said  bill,  this  Defendant  doth  demur 
thereto,  and  he  prays  judgment  of  this  honorable  Court,  whether  he  shall 
be  compelled  to  make  any  further  or  other  answer  to  the  said  bill,  and 
he  humbly  prays  to  be  dismissed  from  hence  with  his  reasonable  costs, 
on  this  behalf  sustained. 

Note. — As  the  Defendants  may  combine  together  to  defraud  the 
Plaintiff  of  his  rights,  and  such  a  combination  is  usually  charged  by  a 
bill,  it  has  been  lielc!,  that  the  demurrer  must  so  far  answer  the  bill  as  to 
dcnv  combination.     Mit.  1  47. 


Conclusion  of  an  Answer,  insisting  that  the  Plaintiff  is  not 
entitled  to  Relief  in  Equity,  and  claiming  the  Benefit  of 
that  Defence,  as  if  the  Bill  hud  been  demurred  to. 

Anil  this  Defendant  submits  to  this  honorable  Court,  that  all  and  every 
Uie  matters  in  the  said  Complainant's  bill  mentioned  and  complained  of, 
are  matters  which  may  be  tried  and  determined  at  law,  and  with  respect 
to  which  the  said  Complainant  is  not  entitled  to  any  relief  from  a  Court 
of  Equity,  and  this  Defendant  hopes  he  shall  have  the  same  benefit  (ff 
this  di-fence  as  if  he  had  dcmin-red  to  the  said  Complainant's  bill :  and 
this  Defendant  denies,  iVr. 


DEMURRER.  423 

A  Demurrer,  where  the  Defendants  are  charged  with  Felo- 
ny, or  compounding  Felony. 

The  demurrer  of  the  Defendants,  C.  D.  G.  H.  and  E.  his  wife, 
to  part,  and  their  aiisuer  (o  other  pnrt  of  tlie  bill  of  com- 
plaint of  A.  B.  Complainant. 

As  to  so  much  of  the  Complainant's  bill  as  seeks  to  charge  these  De- 
fendants, or  any  of  them,  with  the  concealing  or  compounding  the  felony 
in  the  bill  mentioned,  or  as  seeketh  to  compel  any  of  these  Defendants  to 
make  any  discovery  touching  the  same,  or  any  of  the  matters  relating 
thereto,  in  the  bill  suggested  or  alleged,  these  Defendants  by  protesta- 
tion, not  confessing  or  acknowledging  any  of  the  matters  or  things  re- 
lating thereto,  in  the  said  bill  comprised  to  be  true,  in  such  sort,  manner, 
and  form,  as  therein  the  same  are  alleged  or  set  forth,  these  Defendants 
do  demur,  and  for  cause  of  demurrer  shew,  that  they  ought  not  to  be 
compelled  to  discover  or  set  forth  any  matters  whereby  they  may  impeach 
or  accuse  themselves  of  an  oflence  or  crime  for  which  they  may  suffer 
corporal  punishment,  or  be  grievously  fined  ;  therefore,  and  for  divers 
other  good  causes  of  demurrer  in  the  Complainant's  said  bill  of  his  own 
shewing  appearing,  these  Defendants,  as  to  so  much  of  the  Complain- 
ant's said  bill  as  before  is  set  forth,  do  demur,  and  do  demand  the  judg- 
ment of  this  honorable  Court,  whether  they,  or  any  of  them,  ought,  qr 
shall  be  compelled,  to  make  any  answer  thereto,  other,  or  otherwise  than 
as  aforesaid,  and  humbly  pray  to  be  hence  dismissed  with  their  costs ; 
and  these  Defendants,  by  way  of  answer,  do  deny,  &c.         « 


A  Deinurrer,  for  want  of  Parties,  and  for  icant  of  an  Affi- 
davit, to  a  Bill  brought  for  a  Discovery  of  a  Deed. 

The  demurrer  of  A.  B.  and  J.  his  wife.  Defendants,  to  the  bill 
of  complaint  of  C.  D.  Complainant. 

The  said  Defendants,  by  protestation,  not  confessing  or  acknowledg- 
ing all  or  any  the  matters  and  things  in  the  Complainant's  bill  of  com- 
plaint alleged  and  set  forth  to  be  true,  in  such  manner  and  form  as  the 
same  is,  and  are  thereby  set  forth,  say,  that  they  are  advised  that  the  sub- 
stance of  the  said  bill  is  to  discover  a  deed  suggested  to  be  made  by 
in  the  said  bill  named,  whereby  per  annum,  or  some  such  provision 

was  made  for  the  benefit  and  advantage  of  his  younger  sons,  and  payable 
out  of  his  lands,  and  that  the  Plaintiff  is  the  survivor,  and  entitled  to  the 
said  provision  ;  and  that  the  said  land<?,  upon  the  death  of  the  said 


4-24  DKMURREK. 

descended  or  came  to  his  fldcst  son  and  heir,  deceased,  of  whom 

the  Plaintiff,  as  is  suggested,  demanded  the  benefit  of  the  said  deed  ;  but 
before  any  benefit  obtained,  he  the  said  died,  leaving  \\so 

daughters  his  heirs;  and  that  the  Plaintiff,  after  the  death  of  the  said 
,  made  his  appHcation  to  this  Defendant  ,  the  relict  of 

the  said  ,  and  sent  the  deed  to  her,  and  that  the  said  deed  is 

now  in  the  hands  of  the  said  Defendants,  who,  by  combination  with  the 
said  daughters  and  heirs,  do  refuse  to  pay  the  Plaintiff  the  said  provision 
made  by  his  father,  and  the  arrears  thereof,  or  permit  him  to  enjoy  the 
lands  out  of  wliich  the  same  is  issuing,  and  therefore  prays  a  discovery  of 
the  said  deed,  and  to  have  the  arrears  of  the  said  provision,  and  further 
relief;  to  which  bill  these  Defendants,  as  advised,  do  demur,  and  for 
cause  of  demurrer  say,  that  the  Plaintiff  ought  according  to  the  rules  of 
this  Court  to  have  made  affidavit  that  he  had  not,  in  his  custody  or 
power,  the  deed  of  which  he  seeks  a  discovery,  and  for  want  whereof  he 
prays  relief  in  this  Court ;  and  also,  for  that,  the  said  Complainant  seeks 
relief  for  arrears  of  a  provision  of  per  annum,  or  some  other 

provision  made  by  the  supposed  deed,  and  to  have  relief  in  this  Court, 
to  make  good  the  same  for  the  future,  and  yet  hath  not  made  the  execu- 
tors or  administrators,  nor  the  heirs  of  the  said  parties  to  his 
bill,  who  are  (as  these  Defendants  are  advised,)  the  proper  persons  en- 
titled and  interested  to  contest  the  said  arrears  or  future  payment  thereof, 
and  the  relief  prayed  in  and  by  the  Complainant's  said  I)ill ;  and  although 
be  hath  taken  notice  in  his  bill  of  the  said  daughters  and  heirs,  yet  hath 
not  made  them  Defendants,  nor  prayed  any  process  against  them  : 
Wherefore,  and  for  many  other  errors  and  defects  in  the  said  bill,  the 
said  Defendants  do  demur  in  law,  and  do  humbly  pray  the  judgment  of 
this  honorable  Court,  whether  they  shall  be  compelled  to  make  any 
other  or  further  aii>wcr  thereto,  and  do  also  humbly  pray  to  be  hence 
dismissed,  d'c. 


A   Demurrer    for   that   the  Plaintiffs   have    not    entitled 
themselves    to  prosecute. 

The  said  Defendants,  by  protestation,  not  confessing  or  acknowlcdg' 
ing  all  or  any  of  the  matters  or  things  in  the  Complainants'  bill  of  com- 
plaint contained,  to  be  true,  in  such  manner,  sort  and  form,  as  the  same 
are  therein  and  tiureby  Set  forth  and  alleged,  do  demur  thereunto,  and 
f(«r  cause  of  demurrer  shew,  that  the  scope  and  end  of  the  Complainants' 
bill  is  to  be  relieved  touching  several  sums  of  money  by  the  said  bill  sup- 
posed to  be  due  from  these  Defendants  to  one  deceased,  in  the 
said  bil!  named,  which  the  Complainants  would,  or  seek  by  their  said 
bill  to  claim,  as  executors  to  the  said                  ,  and  yet  have  not  alleged 


DEMURRER. 


425 


in  or  by  their  said  bill,  that  they  have  proved  the  will  of  the  said 
(if  any  such  was  made,)  or  otherwise  taken  upon  them  the  burden  or  exe- 
cution thereof,  or  any  ways  entitled  themselves  unto  her  personal  estate? 
and  to  sue  for  the  same  :  Wherefore,  and  forasmuch  as  ihe  said  Com- 
plainants have  not  well  and  suflkiently  entitled  tliemselves,  in  and  by 
their  said  bill,  to  the  said  money  (if  any  had  been  due  from  these  De- 
fendants, or  either  of  them,  to  the  said  ,)  as  is  tliereby  supposed  ; 
and  for  that,  should  these  Defendants  pay  the  money  demanded  by  the 
said  bill  to  the  Complainants,  before  they  have  either  proved  the  will,  or 
sued  out  administration,  fhey  cannot  sufliciently  as  these  Defendants  are 
advised,  and  insist,  discharge  these  Defendants,  nor  give  these  Defendants 
any  proper  receipt  or  receipts  for  the  same,  but  that  they  shall  or  may  be 
liable  to  be  questioned  again  by  such  person  as  may  sue  out  administra- 
tion to  the  said  ,  with  the  said  will  annexed,  or  otherwise  ;  and 
for  which  and  divers  other  causes,  these  Defendants  do  demur  in  law  unto 
the  Complainants'  said  bill  of  Complaint,  and  all  the  matters  and  things 
therein  contained ;  and  humbly  demand  the  judgment  of  this  honorable 
Court,  whether  they,  or  either  of  them,  shall  be  compelled  to  make  any 
other  or  further  answer  thereunto ;  and  pray  to  be  hence  dismissed,  with 
their  costs,  &c. 


A  Demurrer,  Pica  and  An»wer,  to  a  Bill  seeking  Relief 
against  a  Will,  whereby  a  personal  Estate  is  (Revised, 
being  proved  in  the  Ecclesiastical  Court,  and  the  IVdl 
pleaded  in  Bar,  and  for  want  of  Equity. 

The  joint  and  several  demurrer  of  S.  X.  and  E.  his  wife,  to 
part,  and  the  plea  of  the  said  S.  N.  to  i)art  ;  and  the  joint 
and  several  answers  of  the  said  S.  N.  and  E.  his  wile  to 
other  part  of  the  bill  of  complaint  of  M.  B.  Vv".  T.  and  J.  SI. 
and  S.  his  wife,  Complainants. 

These  Defendants  S.  N.,  and  F..  his  wife,  by  protestation,  not  con- 
fessing or  acknowledging  all  or  any  of  the  matters  and  things  in  the  said 
bill  of  complaint  to  be  true,  in  such  sort  and  manner  as  llie  same  are 
therein  expressed  and  contained,  as  to  so  much  of  the  said  bill  as  seeks 
to  set  aside  or  impeach,  or  have  any  relief  against  the  will  of  P..  R.  in 
the  bill  named,  as  to  the  personal  estate  of  the  said  R.  R.  or  that  seeks 
a  discovery  from  these  Defendants,  or  either  of  them,  in  relation  to  the 
said  will,  or  that  prays  an  injunction  against  this  Defendant,  \.  N.  to 
stop  his  proceeding  at  law  against  the  said  W.  T.  these  Defendants  do 
demur  thereunto,  and  for  cause  of  demurrer  shew,  that  it  appears,  by  the 
Complainants'  own  shewing,  that  this  Defendant,  S.  N.  hath  proved  the 
Said  will  of  the  said  R.  R.  in  the  Prerogative  Court  of  the  archbishop  ef 


4-2*0  DEMURRER. 

C. ;  and  iliose  Defendants  are  advised,  that  the  probate  of  wills  relating 
to  estates,  and  particularly  relating  to  personal  estates,  do  properly  be- 
long to  the  Ecch'siastical  Courts  of  this  realm,  and  that  the  same  ought 
not  to  be  called   into   question  in   this  honorable  Court ;   and  for  further 
cause  of  demurrer  these  Defendants  shew,  that  there  is  not,  as  they  are 
advised,  any  matter  or  thing  set  forth  in  and  by  the  said  bill,  as  a  foun- 
dation of  equity  for  this  Court  to  interpose,  in  relation  to  the  action  at 
law  commenced  by  this  Defendant  S.  N.  against  the  said  W.  T.  but  wliat 
is  properly  cognizable  at  law,  and  that  the  said  Complainant  may  have 
the  same  or  equal  benefit  upon  a  trial  at  l;w,  if  the  same  is  true  ;  for  which 
reason,  and  for  divers  other  causes,  t'lese  Defendants  do  demiir  to  so 
much  of  the  said  bill  as  aforesaid,  and  humbly  pray  the  judgment  of  this 
honorable  Court,  whether  they  shall  make  any  further  or  other  answer 
thereto ;  and  as  to  so  much  of  the  said  bill  as  seeks  to  have  a  distribution 
of  the  personal  estate  efiects  or  of  the  said  R.  R.  according  to  the  sta- 
tute of  distribution  of  intestates"  estates,  or  that  seeks  an  account  or  dis- 
covery of  or  from  this  Defendant,  S.  N.  of  the  personal  estate  of  the  said 
R.  R,  this   Defendant,   S.   N.  doth  plead  thereunto,  and   for  plea  this 
Defendant  saith,  that  the  said  R.  R.  did  in  his  life-time,  on  or  about  the 
day  of  ,  in  the  year  of  our  lord  ,  as  this  Defendant 

believes,  duly  make  and  publish   his  last  will  and  testament   in  writing, 
and  thereby,  after  giving  several  legacies  therein  particularly  mentioned, 
gave  and   bequeathed   all  the  rest  and  lesidue   of  his  real   and  personal 
estat(>  unto  this    D<;fcndant,  to  hold  to  him,  his    heiis   and  assigns,  for 
ever,  and  of  the  said  will  made  this   Defendant  sole  executor;  and  this 
Defendant  also  after  the  death  of  the  said  Testator,  proved  the  said  will 
in  the  Prerogative  Court  of  the  archbishop  of  C.  as  by  the  [irobate  there- 
of, under  the  seal  of  the  said  Court,  now  in  the  custody  or  power  of  this 
Defendant,  ready  to  be  produced,  as  this  honorable-  Court  shall  direct, 
and  to  which  this  Defendant  craves  leave  to  refer   doih  more  fully  and 
at  large  appear.      All  matters  and  things  this  Defeiklant  doth  aver,  and 
is  ready  to  prove,  as  this  honorable  Court   shall   direct,   ami  dotli  plead 
the  same  in  bar  to  so  much  of  the  said  bill  as  for  that  purp()^e  is  hereii - 
!)efore  mentioned,  and  humbly  craves  the  judgment   of  this  honorable 
Court,  whether  he  shall  make  any   further  or  other  answer  thereto  :  and 
as  to  so  much  of  the  said  bill  as  these  Defendants  have  not   before  re- 
spectively demurred  or  pleaded  unto,  these  Defendants  in  no  sort  waiving 
the  benefit  of  the  said  demurrer  and  plea,  or  either  of  them,  but  wholly 
rtlying  and  insisting  thereon,  these  Defendants  for  answer  to  the  re- 
sidue of  the  Complainants'  said  bill,  or   to   so  nmch   thereof  as  these 
Defendants  are  arUised  is  material  or  necessary  for  them,  or  either  of 
them  to  make  answer  unto,  these  Defendants  each  speaking  for  him  and 
herself  and  not  the  one  lor  the  other,  they,  these  Defendants,  do  seve- 
rally answer  and  say  as  follows,  <5jc. 


427 


SECT.  III. PLEAS. 


WHEN  an  objection  to  a  bill  is  not  apparent  on  tlie  bill 
itself,  if  the  Defendant  means  to  take  advantage  of  it,  he 
ought  to  shew  to  tlie  court  the  matter  which  creates  the  ob- 
jection, either  by  answer  or  by  plea.    (Mil.  177.) 

.  Pleas  to  original  bills  may  be  considered  under  the  two 
heads,  of  pleas  to  relief,  and  pleas  to  discovery  only  ;  and 
first,  with  respect  to  the  former. 

Pleas  have  generally  been  considered  as  of  three  sorts ; 
to  the  jurisdiction  of  the  court ;  the  persons  of  the  Plaintiff 
or  Defendant;  and  in  bar  of  the  suit.  (Mlt.  17G.) 

Though  the  subject  of  a  suit  may  be  within  the  jurisdic- 
tion of  a  court  of  equity,  yet  if  the  court  of  Chancery  is 
not  the  proper  jurisdiction,  the  Defendant  may  plead  the 
matter  which  deprives  the  court  of  jurisdiction,  and  shew 
to  what  court  the  jurisdiction  belongs.  (I  Ves.  203.) ;  and 
upon  this  ground  may  demand  the  judgment  of  the  court, 
whether  he  shall  be  compelled  to  answer  the  bill.  (Chan. 
Pract.  417,  420.)  Pleas  of  this  nature  arise  princi])ally 
where  the  suit  is  for  land  within  a  county-jjalatine.  2  Com. 
Dig.  Chan.  56.  Chan.  Pract.  420.  1  Cha.  Ca.  41.  Nels. 
Rep.  37.  QQ.  Cary'^s  Rep.  60.)  or  where  the  Defendant 
claims  the  privileges  of  an  university  {Canfs  Rep.  65,  QQ. 
73.  2  Vent.  362..)  or  other  particular  jurisdiction.  Mit. 
182,  183. 

The  court  of  Chancery  being  a  superior  court  of  general 
jurisdiction,  nothing  shall  be  intended  to  be  out  of  its  juris- 


428  PLEAS. 

diction,  whitli  is  not  shewn  to  be  so.  (I  Ves.  204.)  It  is 
requisite,  therefore,  in  a  plea  to  the  Jdrisdiction  of  the  court 
to  allege,  that  the  court  has  not  jurisdiction  of  the  subject, 
and  to  shew  by  what  means  it  is  deprived  of  jurisdiction. 
It  is  likewise  necessary  to  shew  what  court  has  jurisdiction 
(1  Pail,  59.  1  Ves.  203,  204.)  If  the  plea  docs  not  pro- 
perly set  forth  these  particulars,  (see  Ncls.  Hep.  51.)  it  is 
bad  in  point  of  form.  (1   Ves.  204,  2  Vent.  362.  Mit.  183.) 

It  a  bill  be  brought  for  an  account  of  the  prafits  of  mines, 
and  the  Defendant  pleads  a  special  act  of  parliament  which 
gives  an  exclusive  jurisdiction  of  all  matters  arising  within 
the  mines  of  the  courts  of  A.,  but  does  not  aver  there  is  a 
court  of  equity  there,  the  plea  will  be  over-ruled.  1  Vern. 
58.) 

A  person  outlawed  is  disabled  from  suing  in  a  court  of 
justice,  and  if  a  bill  is  tiled  in  his  name,  the  Defendant  may 
plead  the  outlawry,  the  record  of  the  outlawry,  or  the  ca- 
pias thereupon  must  be  pleaded  sub  pede  sigilli,  and  is 
usually  annexed  to  the  plea.  (7oth.  54.  Pract.  Reg.  276.) 
A  plea  of  outlawry  in  a  suit  for  the  same  duty  or  thing  for 
which  relief  is  sought  by  the  bill,  is  insufficient  according 
to  the  rule  of  law,  and  shall  be  disallowed  of  course,  as  put 
in  for  delay.  Otherwise  a  plea  of  outlawry  is  always  a 
good  plea,  so  long  as  the  outlawry  remains  in  force.  (Ord. 
Cha.  97.)  ;  but  if  that  is  reversed,  the  Plaintiff,  upon  pay- 
ment of  costs,  may  sue  out  fresh  process  against  the  De- 
fendant, and  compel  him  to  answer  the  bill  {Ord.  Cha.  97.) 
Outlawry  in  a  Plaintiff,  executor  or  administrator,  cannot 
be  pleaded,  for  he  sues  in  auter  droit.  (1  Vern.  184.  Wy. 
Pract.  Reg.  327.)  It  is  equally  insufficient,  if  alleged  in 
disability  of  a  person  named  in  a  bill  as  the  next  friend  of 
an  infant  Plaintiff,  (Wy.  Pract.  Reg.  327.)  or  in  an  infor- 
mation as  a  relator.    (Mit.  186,  sed  vide  Pre.  Cha.  13. J 


PLEAS.  42'9 

The  Defendant  may  plead  that  the  Plaintiff  is  excom- 
municated, which  must  be  certified  by  the  ordinary,  cither 
by  letters  patent  containing  a  positive  affirmation  that  the 
Plaintiff  stands  excommunicated,  and  for  what,  or  by  letters 
testimonial,  reciting  "  quod  scruiatis  register'ds  invenitur, 
&c.  ;"  either  of  these  certificates  must  be  sub  sigillo,  and 
so  pleaded,  (f^y-  Pract.  Reg.  327.)  Excommunication 
is  a  good  plea  to  an  executor  or  administrator,  though  they 
sue  in  auter  droit,  {Co.  Lilt.  131.  4  Bac.  Ahr.  3Q.  Wy. 
Pract.  Reg.  327.)  but  not  to  the  next  friend  of  an  infant. 
Wi/.  Pract.  Reg.  327.)  Tlie  Plaintiff  purchasing  letters 
of  absolution,  may  sue  out  fresh  process,  and  compel  the 
Defendant  to  answer  the  bill.     (Mit.  187.) 

There  is  little  to  be  found  in  the  books  u|X)n  the  sub- 
ject of  a  plea  that  the  Plaintiff  is  an  alien.  (2  Atk.  399. 
2  Viti.  Abr.  274.  Wy.  Pract.  Reg.  327.  RastaVs  Entries, 
252.)  x\n  alien  who  is  not  an  alien  enemy,  is  under  no  dis- 
ability of  suing  for  any  personal  demand  ;  (1  Aik.  51.  vide 
Mit.  188.)  but  an  alien  enemy  is  not  capable  of  suing. — 
[Anton  V.  Fisher,  DougL  626.  in  note.) 

A  plea  that  the  Plaintiff  is  not  the  person  he  pretends  to 
be,  or  does  not  sustain  the  character  he  assumes,  and  there- 
fore is  not  entitled  to  sue  as  such,  though  a  negative  plea, 
is  good  in  abatement  of  the  suit.  (Wy.  Pract.  Reg.  326. J 
As  where  a  Plaintiff  entitled  himself  as  administrator,  and 
the  Defendant  pleaded  that  he  was  not  administrator,  (\ 
Vern.  472.J  and  where  a  Plaintiff  entitled  himself  as  ad- 
ministrator of  an  intestate,  and  the  Defendant  pleaded  that 
the  supposed  intestate  was  living,  and  the  plea  was  allowed. 
(Mit.  189.; 

But  Lord  Thurlow  held,  that  the  plea  that  the  Plaintiff  is 
not  the  heir,  was  a  bad  plea.    (^2  Bro.  C.  C.  143.J 


430  PLEAS. 

A  plea  that  the  Defendant  is  not  the  person  he  is  alleged 
to  be,  or  does  not  sustain  the  character  he  is  alleged  to 
bear,  is  mentioned  as  a  plea  which  may  be  supported.  (Mit. 
129. J  It  seems  to  have  been  considered  as  more  conve- 
nient for  a  Defendant  under  these  circumstances,  to  put  in 
an  answer,  alleging  the  mistake  in  the  bill,  and  praying 
the  judgment  of  the  court,  whether  he  should  be  compelled 
further  to  answer  the  bill.  {Canfs  Rep.  61.  Wy.  F/act. 
Reg.  327.  Mit.  192.) 

Pleas  in  bar  are,  first,  that  the  subject  of  the  suit  is 
not  within  the  jurisdiction  of  a  court  of  equity  ;  secondly, 
that  the  Plaintiff  has  no  interest  in  the  subject,  or  no  right 
to  institute  a  suit  concerning  it ;  thirdly,  that  he  has  no 
right  to  call  on  the  Defendant  concerning  it ;  fourthly,  that 
the  Defendant  has  not  that  interest  in  the  subject,  which 
'"an  make  him  liable  to  the  demands  of  the  Plaintiff;  fifthly, 
tliat  for  some  reason,  founded  on  tlie  substance  of  the  case, 
the  Plaintiff  is  not  entitled  to  the  relief  he  prays ;  sixthly, 
the  deficiency  of  the  bill,  to  answer  the  purposes  of  com- 
plete justice,*  may  also  be  shewn  by  plea,  which  may  be 
considered  as  in  bar  of  the  suit,  though  perhaps  a  tempo- 
rary bar  only ;  seventhly,  the  impropriety  of  unnecessarily 
multiplying  the  suits,  may  be  th.e  subject  of  plea  which  is 
also  in  bar  of  the  suit.     (Mtt.  178  and  179.) 

•It  should  seem,  that  a  plea  of  the  matter  necessary  to 
shew  that  the  court  has  not  jurisdiction  of  the  subject, 
though  perhaps  unavoidably  a  negative  pli3a  would  hold : 
thus,  if  the  jurisdiction  was  attempted  to  be  founded  on 
the  loss  of  an  instrument,  where,  if  the  defect  arising  from 
this  suppo:  ed  accident  had  not  happened,  the  courts  of  ordi- 
nary jurisdiction  could  completely  decide  upon  the  subject, 
perhaps  a  plea,  shewing  the  existence  of  the  instrument, 
and  that  it  was  in  the  power  of  the   Plaintiff  to  obtain  a 


PLEAS.  451 

production  of  it,  oiiglit  to  be  allowed,  although  instances  of 
this  sort  of  plea  may  not  occur.     (Mil.  181.) 

An  instance  of  the  second  sort  of  pleas  in  bar  is,  where  a 
Plaintiff  claims  as  a  purchaser  of  a  real  estate,  and  the  De- 
fendant pleads  that  he  was  a  Papist,  and  incapable  of  taking 
by  purchase  (See,  however,  18  Geo.  3.  c  GO,  by  which 
this  incapacity  is  removed,  under  certain  circumstances); 
or  if  a  Plaintiff  claims  property  under  a  title  accrued 
previous  to  conviction  of  himself,  or  of  a  person,  un- 
der whom  he  claims,  of  some  offence  which  occasioned 
a  forfeiture  (2  Atk.  399,)  or  previous  to  a  bankruptcy ; 
or  any  other  defect  in  the  title  (  Gilb.  288)  of  the  Plain- 
tiff to  the  matter  contained  in  the  bill.  A  plea  of  con- 
viction of  any  offence  which  occasions  forfeiture,  as  man- 
slaughter, must  be  pleaded  with  equal  strictness  as  a  plea  of 
the  same  nature  at  common  law  (2  Al/c.  399.)  But  if  a 
plea  goes  to  shew  that  no  title  was  ever  vested  in  the  Plain- 
tiff, though  for  that  purpose  it  states  an  offence  committed, 
conviction  of  the  offence  is  not  essential  to  the  plea,  and  the 
same  strictness  is  not  required,  as  in  case  of  forfeiture  (^Mit. 
190.) 

Pleas  in  bar  of  matters  recorded,  or  as  of  record  in  the 
court  itself,  or  some  other  court  of  equity,  may  be,  first,  a 
decree  or  order  of  the  court,  by  which  the  rights  of  the  par- 
ties are  already  determined  (3  Alk.  626,)  or  another  bill 
for  the  same  cause  dismissed.  (1  Fern.  310.)  Secondly, 
another  suit  depending  in  the  court,  or  in  any  other  court  of 
equity  between  the  same  parties,  ibr  the  same  cause.  (3  Atk. 
mi,  590.  Mit.  194.) 

A  decree,  determining  the  rights  of  the  parties,  and  signec^ 
and  im-olled,  may  be  i)leaded  to  a  new  bill  for  the  same 
matter  (3  Atk.  626.)  Upon  a  plea  of  this  nature,  so  much 
of  the  former  bill  and  answer  iiuist  be  set  forth,  as  it  is  nc- 


432  PLEAS. 

ccssary  to  slicw  that  the  same  point  was  then  in  issue 
(2  Atk.  603.  2  Ves.  377.)  A  decree  or  order,  dismissing  a 
former  bill  for  the  same  matter,  may  be  pleaded  in  bar  to  a 
new  bill.  (1  Vern.SXO.  Bro.  P.  C.  281 ,)  if  the  dismission  was 
upon  hearing,  and  was  not  in  terms  directed  to  be  without 
prejudice.  (1  Cha.  Ca.  155.)  But  an  order  of  dismission  is 
a  bar  only,  where  the  court  determines  that  the  Plaintiff 
had  no  title  to  the  relief  sought  by  his  bill ;  and  therefore 
an  order,  dismissing  a  bill  for  want  of  prosecution,  is  not  a 
bar  to  another  bill.    (1  Atk.  519.  Mit.  196.) 

A  decree  must  be  signed  and  inrolled,  or  it  cannot  be 
pleaded  in  bar  of  a  suit  (3  Atk.  809.) ;  though  it  may  be 
insisted  on  by  way  of  answer.     (2  Ves.  577.  Mit.  196.) 

Another  suit,  depending  in  the  same  or  another  court  of 
equity  for  the  same  cause  {Ord.  in  Cha.  98.  1  C%a.  Ca.  241. 
3  Atk.  587,  590.)  is  a  good  plea.  It  must  aver,  that  the 
second  suit  is  for  the  same  matter  as  the  first,  and  therefore  a 
plea,  which  did  not  expressly  aver  this,  though  it  stated  the 
matter  tending  to  shew  it,  was  considered  as  bad.  (^Mit.  198.) 
The  plea  was  also  to  aver,  that  there  have  been  proceedings 
in  the  suit,  as  appearance,  or  process  requiring  appearance, 
at  the  least.  (1  E(/.  Ca.  Abr.  39.)  It  has  been  held  that  a  po- 
sitive averment,  that  the  former  suit  is  depending  is  not  ne- 
cessary. (1  Fern.  352,  sed  vide  Hard.  160.)  And  if  the 
Plaintiff  sets  down  the  plea  to  be  argued,  he  admits  the 
truth  of  the  plea,  that  a  former  suit  for  the  same  matter  is 
depending,  the  plea  therefore  must  be  allowed  (1  Vern.  332.) 
unless  it  is  defective  in  point  of  form.  (7I//7.  198.)  A  plea 
of  this  kind  is  not  put  in  on  oath.    (1   Vern.  332.) 

Pleas  in  bar,  of  matters  of  record,  or  of  matters  in  the 
nature  of  matters  of  record,  in  some  court,  not  being  a 
court  of  equity,  may  be,  first,  a  fnie  ;  secondly,  a  recovery  ; 


PLEAS.  433 

thirdly,    a  judgment  at  law,    or  sentence  of  some  other 
court.    (Mit.  201.) 

When  a  fine  and  non-claim  are  not  set  up  as  a  bar  to  a 
claim  of  trust,  by  a  person  claiming  under  the  same  title, 
it  is  not  sufficient  to  aver,  that  at  the  time  the  fine  was  le- 
vied, the  seller  of  the  estate  being  seised,  or  pretending  to 
be  seised,  conveyed ;  but  it  is  necessary  to  aver  that  the 
seller  was  actually  seised.  (Mit.  203.  2  Ves.  jun.  450.)  It 
is  not,  indeed,  requisite  to  aver,  that  the  seller  was  seised  in 
fee ;  an  averment  that  he  was  seised  ut  de  lihero  ienemento, 
and  being  so  seised,  a  fine  was  levied,  will  be  sufficient. 
(2  Atk.  630.  Mit.  203.) 

Pleas  in  bar  of  matters  in  pais  only,  are  principally,  first, 
a  stated  account ;  secondly,  an  award  ;  thirdly,  a  release ; 
fourthly,  a  will  or  conveyance  ;  fifthly,  a  plea  of  any  statute 
which  may  be  a  bar  to  the  Plaintiff's  demand.  (Mit.  207.) 

A  plea  of  a  stated  account  must  shew  that  the  account 
was  in  writing ;  or  at  least  it  must  set  forth  the  balance 
(2  Atk.  309.)  If  the  bill  charges  that  the  Plaintiff  has  no 
counterpart  of  the  account,  the  account  must  be  annexed 
by  way  of  schedule  to  the  answer,  that  if  there  be  any  errors 
upon  the  face  of  it,  the  Plaintiff  may  have  an  opportunity 
of  pointing  them  out.    (3  Atk.  303.) 

If  fraud  or  error  are  charged,  they  must  be  denied  by  pica, 
as  well  as  by  answer  (Gilb.  on  Cha.  57.  Mit.  208) ;  and  if 
neither  error  or  fraud  is  charged,  the  Defendant  must,  by  the 
plea,  aver  that  the  stated  account  is  just  and  true,  to  the  best 
of  his  knowledge  and  belief.  (3  Atk.  70.)  The  delivery  up 
of  vouchers  at  the  time  the  account  was  stated,  seems  to  be 
a  proper  averment  in  a  plea  of  this  nature,  if  the  fact  was 
such.    (Gilh.  on  Cha.  57.  Mit.  208.) 

56 


•ii34  FLEAd. 

An  a\A  arc!  may  be  pleaded  to  a  bill  lo  sot  aside  the  award, 
and  open  the  accounts.  (2  Atk.  305,  501.)  But  if  fraud  or 
partiality  are  charged  against  the  arbitrators,  those  charges 
must  not  only  be  derived  by  way  of  averment  in  the  plea, 
but  the  plea  must  be  supported  by  an  answer,  shewing  the 
arbitrators  to  have  been  incorrupt  and  impartial.  (3  Atk.  396, 
501.  Mit.  209.) 

But  in  a  case  (1  Anst.  59.  3  Anst.  735,  et  vide  6  Vcs. 
594,  595,  596,)  in  the  Exchequer,  where  the  bill  charged 
an  award  to  have  been  obtained  corruptly,  and  the  plea 
pleaded  the  award,  denying  corruption,  and  all  the  particu- 
lar instances  specially  by  averment,  and  also  put  in  an  an- 
swer to  the  same  points  as  the  special  averments  in  the  plea. 
Held  that  the  answer  over-ruled  the  plea. 

In  a  plea  of  a  release,  the  Defendant  must  set  out  the  con- 
sideration upon  which  the  release  was  made.  If  a  release  was 
pleaded  to  a  bill  for  an  account,  it  must  be  under  seal,  other- 
wise it  must  be  pleaded  as  a  stated  account.  (  Gilb.  on  Cha. 
57.  M?.  211.) 

To  a  ])ill  brought  upon  a  ground  of  erpiity,  by  an  heir 
against  a  devisee,  to  turn  the  devisee  out  of  possession,  or 
against  a  person  claiming  under  a  conveyance  from  the  an- 
cestor, the  Defendant  may  plead  the  will,  and  that  it  was 
duly  executed,  or  the  conveyance,  in  bar  of  the  suit.  (^Mit. 
201.) 

To  a  bill  for  discovery  and  execution  of  a  trust,  the  sta- 
tute for  jircvention  of  frauds  and  peijurics,  with  an  aver- 
ment that  there  was  no  declaration  of  trust  in  writing,  has 
been  pleaded.  (2  Atk.  156.)  To  a  bill  for  a  specific  per- 
formance of  an  agreement,  the  same  statute,  with  an  aver- 


PLEA  3.  43o 

ment  that  tliuic  was  no  agreement  in  writing,  signed  by  the 
parties,  has  also  been  pleaded  (Rose  Cha.  402,  533. 1  P.  W. 
770.)  In  these  cases,  if  any  matter  is  charged  by  the  bill, 
which  may  avoid  the  bar  created  by  the  statute,  that  matter 
must  be  denied  generally,  by  way  of  averment,  in  the  plea  ; 
and  it  must  be  denied  particularly  and  precisely,  by  waj'  of 
an  answer  to  support  the  plea.    (Mit.  212.) 

The  statute  for  limitation  of  actions,  21  Jac.  \.  c,  16, 
is  likewise  a  good  plea.  (3  P.  W.  309.  2  Atk.  395.  Gilb.  on 
Cha.  61.  3  Bro.  P.  C.  305.)  But  if  a  bill  charges  a  fraud, 
and  that  the  fraud  was  not  discovered  till  within  six  years 
before  filing  the  bill,  the  statute  is  not  a  good  plea,  unless 
the  Defendant  denies  the  fraud,  or  avers  that  the  fraud,  if 
any,  was  not  discovered  within  six  years  before  the  filing 
the  bill.     (3  P.  W.)^2.) 

A  plea  of  the  statute  of  limitations  not  being  suffi- 
ciently supported  by  the  answer,  as  negativing  the  facts 
stated  in  the  bill,  to  take  the  case  out  of  the  statute,  was 
ordered  to  stand  for  an  answer,  with  liberty  to  except, 
<6  Ves,  586.) 

Where  the  demand  is  of  any  thing  executory,  as  a  note 
for  payment  of  an  annuity,  or  by  instalments  the  Defen- 
dant must  aver  that  the  cause  of  action,  (2  Stra.  129,)  has 
not  accrued  within  six  years  ;  because  the  statute  bars  only 
as  to  what  was  actually  due  six  years  before  the  action 
brought.    (3  Atk.  7.  Mil.  213.) 

Where  the  Defendant  claims  under  a  purchase  or  mort- 
gage for  a  valuable  consideration  w  ithout  notice  of  the  Plain- 
tiff's title,  he  may  plead  it  in  bar  of  tlie  suit.  (2  Atk.  397. 
630.  2  Ftnt.  361.)    vSuch  a  plea  must  aver,  that  the  person 


436  PLEAS. 

who  conveyed  or  mortgaged  to  the  Defendant,  was  seised 
in  fee,  or  pretended  to  be  seised,  (3  P.  W.  281.)  and  was  in 
possession,  (1  Vern.  246.)  if  the  conveyance  purported  an 
immediate  transfer  of  possession  at  the  time  when  he 
executed  the  purchase  or  mortgage  deed.  (3  P.  W.  281. 
Mit.  215.) 

In  a  plea  of  title  derived  from  one  having  a  particular 
estate,  and  not  in  possession,  it  must  be  set  out,  how  the 
person  became  entitled.  (Ambl  421.) 

The  plea  must  likewise  aver  a  conveyance,  and  not 
articles  merely.  (3  P.  W.  281.)  It  must  aver  the  consider- 
ation and  actual  payment  of  it ;  a  consideration  secured  to 
be  paid  is  not  sufficient.  (3  Atk.  304,  814.)  The  plea  must 
also  deny  notice  of  the  Plaintiff's  title  to  a  claim,  (1  Vein. 
179,)  previous  to  the  execution  of  the  deeds,  and  payment 
of  the  consideration,  (1  Cha.  Ca.  34.  2  Atk.  631.  3  Atk. 
304  ;)  and  the  notice  so  denied,  must  be  notice  of  the  exist- 
ence of  Plaintiff's  title,  and  not  merely  notice  of  the  exist- 
ence of  a  person  who  could  claim  under  that  title.  (1  Atk. 
522.) 

In  pleading,  there  must  be  in  general  the  same  strict- 
ness in  equity  as  at  law,  (2  Atk.  632 ;)  at  least  in  matter 
of  substance,  (Mit.  232.)  A  plea  in  bar  must  follow  the 
bill,  and  not  evade  it,  or  mistake  the  subject  of  it.  (Bunb. 
70.  2  Aik.  603.)  If  a  plea  goes  not  to  the  whole  bill,  it 
must  express  to  what  part  of  the  bill  the  Defendant  pleads ; 
and  therefore  a  plea  to  such  parts  of  the  bill  as  are  not 
answered,  must  be  over-ruled  as  too  general,  (3  Atk.  70. 
Mo6.  40.)  So,  if  the  parts  of  the  bill  to  which  the  plea 
extends  are  not  clearly  and  precisely  expressed ;  as  if  the 
plea  is  general,  with   an  exception  of  matters  after-men- 


PLEAS.  437 

tioned,  and  is  accompanied  by  an  answer,  the  plea  is  bad. 
(2  yes.  108.  Mit.  233.) 

A  plea  must  aver  facts  to  which  the  Plaintiff  may  reply^ 
and  not  in  the  nature  of  a  demurrer,  rest  on  facts  in  the 
bill.  (3  Atk.  558.)  The  averments  ought  in  general  to  be 
positive.  In  some  cases,  indeed,  a  Defendant  has  been 
permitted  to  aver  according  to  the  best  of  his  knowledge 
and  belief;  as  that  an  account  is  just  and  true,  (3  Atk.  70. 
Toth  70 ;)  and  in  all  cases  of  negative  averments,  and  of 
averments  of  facts  not  within  the  immediate  knowledge  of 
the  Defendant,  it  may  seem  improper  to  require  a  positive 
assertion.     (Mit.  236.) 

All  facts  necessary  to  render  the  plea  a  complete  equi- 
table bar  to  the  case  made  by  the  bill,  so  far  as  the  plea 
extends,  that  the  Plaintiff  may  take  issue  upon  it.  (  Gilb.  on 
C/ia.  58.)  must  be  clearly  and  distinctly  averred.  Aver- 
ments are  likewise  necessary  to  exclude  intendments,  which 
would  otherwise  be  made  against  the  pleader  ;  and  the 
averments  must  be  sufficient  to  support  the  plea,  (2  Ves.  245. 
J\lit.  236.) 

If  there  is  any  charge  in  the  bill,  which  is  an  equitable 
circumstance  in  favour  of  the  Plaintiff's  case,  against  the 
matter  pleaded,  as  fraud,  on  notice  of  title,  that  charge 
must  be  denied  by  way  of  answer,  as  well  as  by  averment 
in  the  plea.  In  this  case  the  answer  must  be  full  and  clear, 
or  it  will  not  be  effectual  to  support  the  plea.  (3  Atk.  304, 
815.  3  P.  W.  145.  3  Bro.  P.  C.  373,  374.)  for  the  court 
will  intend  the  matters  so  charged  against  the  pleader, 
unless  they  are  fully  and  clearly  denied.  (2  Atk.  241.) 
But  if  they  are  in  substance  fully  and  clearly  denied,  it  will 
be  sufficient  to  support  the  plea,  though  all  the  circumstances 


438  PLEAS. 

charged  in  the  bill  may  not  be  precisely  answered.    (3  Bro. 
P.  a  373.  Mit.  237.) 

With  respect  to  such  objections  to  a  bill  as  arc  grounds 
of  plea  to  a  discovery  only,  they  may  be,  first,  tiiat  the 
Plaintiff's  case  is  not  such  as  entitles  a  court  of  equity  to 
assume  a  jurisdiction  to  compel  a  discovery  in  his  favour ; 
secondly,  that  the  Plaintiff  has  no  interest  in  the  subject, 
or  no  interest  which  entitles  him  to  call  on  the  Defendant 
for  a  discovery  ;  thirdly,  that  the  Defendant  has  no  inte- 
rest in  the  subject  to  entitle  the  Plaintiff  to  institute  a 
suit  against  him,  even  for  the  purpose  of  discovery  only ; 
fourthly,  that  the  situation  of  the  Defendant  renders  it 
improper  for  a  court  of  equity  to  compel  a  discovery. 
(Mii.  222.) 

A  Defendant  cannot  demur  and  plead  to  the  same  part 
of  the  bill ;  for  the  plea  over-rules  the  demurrer. 

Plea  to  a  discovery,  that  it  may  subject  Defendant  to 
the  penalties  of  a  statute  ;  and  also  of  articles  of  impeach- 
ment exhibited  against  him,  is  inconsistent,  one  part  of 
the  plea  over-ruling  the  other,  and  therefore  bad.  (2  Fes. 
jim.  84.) 

A  plea  is  introduced  by  a  protestation  against  the  con- 
fession of  the  truth  of  any  matter  contained  in  the  bill.  If 
the  plea  is  accompanied  by  an  answer,  merely  to  support 
it,  the  answer  is  staled  to  be  made  for  that  purpose,  not 
waiving  the  plea.  If  the  plea  is  to  part  of  a  bill  only,  and 
there  is  an  answer  to  the  rest,  it  is  ex})ressed  to  be  an 
answer  to  so  much  of  the  bill  as  is  not  before  pleaded  to, 
and  is  preceded  by  the  same  protestation  against  waiver  of 
the  plea.     (Mit.  239.) 


PLEAS.  459 

Pleas  in  bar  of  matters  m  pais,  (Wy.  Pracf.  Reg.  325.) 
must  be  upon  the  oath  of  the  Defendant ;  but  pleas  to 
the  jurisdiction  of  the  court,  or  in  disability  of  the  per- 
son of  the  Plaintiff,  (  Ord.  in  Clia.  96.)  or  pleas  in  bar  of 
any  matters  of  record,  or  of  matters  recorded,  or  as  of 
record  in  the  court  itself,  or  any  other  court,  need  not  be 
upon  oath,     {Wy.  Pract.  Reg.  324.) 


440  PLEAS. 

Plea  of  the  Statute  of  Frauds,  and  Answer  to  some  Part 
of  Bill ;  with  Notes  pointing  out  where  it  is  wrong. 

This  Defendant,  by  protestation,  to  so  much  of  said  bill  as  seeks  to  com- 
pel this  Defendant  specifically  to  perform  the  agreement  in  the  said  bill 
mentioned,  to  have  been  made  and  entered  into  between  the  Com- 
plainant and  this  Defendant,  for  sale  by  this  Defendant,  unto  the  Com- 
plainant of  a  certain  messuage  or  tenement  in  the  bill  mentioned,  or  as 
seeks  to  compel  this  Defendant  to  execute  a  conveyance  of  such  messuage 
or  tenement  unto  the  Plaintiff,  pursuant  to  any  such  agreement,  or  as 
seeks  any  other  relief  relating  to  such  messuage  or  tenement,  or  as  seeks 
any  discovery  from  this  Defendant,  of  or  concerning  any  agreement  made 
or  entered  into  between  the  Complainant  and  this  Defendant,  for  sale  by 
this  Defendant  unto  the  said  Complainant,  of  the  said  messuage  or  tene- 
ment, and  not  reduced  into  writing,  and  signed  by  this  Defendant  or 
some  person  by  him  this  Defendant  lawfully  authorized,  this  Defendant 
doth  plead  in  bar,  and  for  pleasaith,  that  by  an  Act  of  Parliament,  made 
in  the  twenty-ninth  year  of  his  Majesty  King  Charles  the  Second,  in- 
tituled "  An  Act  for  Prevention  of  Fraud  and  Perjuries  ;"  it  was, 
amongst  other  things,  enacted,  that  from  and  after  the         day  of  , 

no  action  should  be  brought,  whereby  to  charge  any  person  upon  any 
contract  or  sale  of  lands,  tenements,  or  hereditaments,  or  any  interests 
in  or  concerning  them,  unless  the  agreement  upon  which  such  action 
should  be  brought  or  some  memorandum  or  note  thereof  should  be  in 
writing  and  signed  by  the  party  to  be  charged  therewith,  or  some  other 
person  thereunto  by  him  lawfully  authorized,  as  by  the  said  act  may  ap- 
pear. And  this  Defendant  further  for  plea  saith,  that  neither  he,  this 
Defendant,  nor  any  person  by  him  lawfully  authorized,  did  ever  sign  any 
contract  or  agreement  in  writing,  for  making  or  executing  any  sale  or 
conveyance  to  the  Complainant  of  the  said  messuage  or  tenement,  or  any 
part  thereof,  or  any  interest  thereof,  or  to  any  such  effect,  or  any  memo- 
randum or  note  in  writing,  of  any  such  agreement ;  all  which  entries  and 
things  this  Defeiulant  doth  aver  to  be  true,  and  is  ready  to  prove,  as  this 
honorable  Court  siiall  award.  And  therefore  lie  doth  plead  the  same  in 
bar.  to  so  mucii  and  such  ])arts  of  the  said  bill  as  aforesaid,  and  humbly 
prays  the  judgment  of  this  iionorable  Court,  whether  he  shall  be  com- 
pelled to  make  anv  further  or  otlur  answer  to  so  much  and  such  parts 
of  the  said  bill  as  is  herein  and  hereby  pleaded  unto  as  aforesaid.  And 
this  Defendant,  not  waiving  his  said  plea,  but  wholly  relying  and  insisting, 
and  in  aid  and  support  thereof,  for  answer  to  tlie  residue  of  the  Complain- 
ant's bill,  not  hereiiilM-fore  pleaded  unio,  or  so  much  thereof  as  lie,  this 
Defendant  is  advised,  is  in  anywise  material  or  necessary  for  him  to 
make  answer  imto,  he,  answering  and  saith,  that  he,  this  Pefr  ndant, 
was,  in  the  month  of  ,  and  now  is  seised,  in  fee-simple,  of  the 


PLEAS.  441 

messuage  or  tenement  in  the  bill  mentioned,  together  with  the  household 
goods  and  stock  upon  the  premises,  and  that  the  same  then  were,  and 
now  are,  in  his  possession  or  occupation,  in  the  manner  therein  set  forth. 
And  this  Defendant  also  admits  it  to  be  true,  that  this  Defendant  was,  in 
the  said  month  of  last,  desirous  to  sell  tire  said  messuacre  or  tene- 

ment, and  the  furniture  and  stock  in  and  about  the  same,  and  that  the 
Complainant  being  by  trade  a  brewer  and  mahter,  was  then  desirous  of 
purchasing  the  same,  and  that  a  treaty  was,  in  the  said  month  of 
had  between  the  Complainant  and  this  Defendant,  for  the  sale  thereof, 
by  this  Defendant  to  the  Complainant.  And  this  Defendant  further 
answering  saith,  that  while  the  Complainant  and  this  Defendant  were 
treating  or  conversing  together,  as  to  this  Defendant  selling  to  the  Com- 
plainant the  said  messuage  or  tenement,  the  Complainant  asked  this  De- 
fendant's opinion  whether  S.  W.  who  is  named  in  the  said  bill,  was  not 
a  iit  person  to  take  or  become  tenant  of  the  said  premises,  and  this  De- 
fendant having  answered,  that  he,  this  Defendant  knew  nothing  to  the 
contrary,  the  Complainant  then  desired  that  if  this  Defendant  should  see 
the  said  S.  VV.  this  Defendant  w^ould  send  him  to  the  Complainant  and 
the  Complainant,  at  or  about  the  same  time,  asked  this  Defendant  at 
what  yearly  rent  the  said  messuage  or  tenement  was  rated  in  the  parish 
books ;  and  this  Defendant  having  answered  that  the  said  messuage  or 
tenement  was  in  such  books  rated  at  the  yearly  rent  of  £  ,  the  Com- 
plainant further  asked  this  Defendant  whether  the  same  would  bear 
rising,  for  that  the  same  was  well  worth  £  a  year,  or  conversation  to 
such  or  the  like  effect  then  passed  between  the  Complainant  and  this 
Defendant  to  the  best  of  this  Defendant's  remembrance  and  belief. .  But 
this  Defendant  also  saith,  that  this  Defendant's  declaring  that  the  said 
messuage  or  tenement  was  worth  £  a  year,  proceeded  from  his  speak- 
ing in  a  hurry,  or  by  surprise,  and  without  consideration,  the  said  mes- 
suage or  tenement  being  really  worth  to  be  let  much  more  than  £  a 
year.  And  this  Defendant  further  saith,  that  this  Defendant,  having 
seen  the  said  S.  W.  shortly  after  the  aforesaid  conversation  with  the 
Complainant,  he  this  Defendant,  informed  the  said  S.  W.  that  the  Com- 
plainant wanted  to  see  him,  the  said  S.  W.  for  tlie  purpose  of  treating 
with  the  said  S.  W.  for  letting  unto  the  said  S.  W.  the  said  messuage  or 
tenement  or  to  such  or  the  like  effect.  And  this  Defendant  hath  been 
since  informed  and  believes,  that  the  said  S.  W.  did  very  soon  afterwards 
go  to  the  Complainant,  and  that,  after  some  short  treaty  was  had  between 
them  for  the  Complainant's  letting  the  said  messuage  or  tenement  to  the 
said  S.  W.  they,  the  said  S,  W.  and  Complainant  executed  a  writing, 
bearing,  date  the         day  of  last  and  signed  by  them,  whereby 

it  was  declared,  that  in  case  he  the  said  S.  W.  should  on  or  before 
then  next,  purchase  the  said  messuage  or  tenement  tVom  B.  for  which  he 

57 


■\.-%2  PLEAS. 

was  then  in  Ueaty  with  him,  that  he  would  then  give  a  lease  thereof  to 
the  said  T.  W.  at  the  rent  of  ^  per  annum,  although  this  Defen- 

dant, for  greater  certainty  as  to  the  date  and  material  contents  of  such 
writing  craves  leave  to  refer  thereto,  now  in  this  Defendant's  custody  or 
power,  the  same  having  been  obtained  from  the  said  S.  W.  by  a  relation 
of  this  Defendant's,  and  by  him  delivered  to  this  Defendant.  But  this 
Defendant  saith,  he  doth  not  know^  or  believe  that  the  Complainant,  in 
writing  or  otherwise,  entered  into  any  absolute  agreement,  or  any  other 
agreement  than  as  aforesaid,  for  letting  the  said  messuage  or  tenement 
unto  the  said  S.  W,  And  this  Defendant  also  saitii,  that,  to  tlie  best  of 
his  this  Defendant's  remembrance  and  belief,  he,  this  Defendant,  did  not, 
at  any  time  further  or  otherwise,  with  the  said  S.  W.  for  letting  the  said 
messuage  or  tenement  unto  him,  or  executing  any  lease  thereof  unto  him, 
nor  was  further  or  otherwise  than  as  aforesaid,  privy  to  the  execution  or 
signing  of  the  same  agreement,  dated  the         day  of  last,  by  the 

Complainant,  or  the  said  S.  W.  or  either  of  them,  or  to  the  making  of 
any  agreement  between  them  for  the  Complainant's  letting  the  said  mes- 
suage or  tenement  unto  the  said  S.  W.  before  or  at  the  time  of  exe- 
cuting, signing,  or  making  thereof,  or  imlil  some  time  afterwards.  And 
this  Defendant  is  advised,  and  humbly  apprehends,  that  according  to 
the  terms  of  the  said  writing,  dated  the  day  of  last,  the 

Complamant  cannot  be  answerable  to  the  said  S.  W.,  or  liable  to  make 
any  satisfaction  to  him  for  or  on  account  of  his  not  executing  a  lease  of 
the  said  messuage  or  tenement  to  the  said  S.  W  ,  or  not  letting  the  same 
to  him  in  case  the  Complainant  should  not  be  able  to  purchase  the  same 
from  this  Defendant.  And  this  Defendant  absolutely  insists,  that  the 
said  within  agreement,  dated  the         day  of  ,  is  now  void  and 

of  no  eflfect,  as  the  said  Complainant  was  not  become  the  purchaser  of 
the  said  messuage  or  tenement  by  now  last  past.     And  this  De- 

fendant further  saith,  he  believes  that  the  sum  oi-£  in  money,  and 

an  annuity  of  £  for  the  life  of  this  Defendant,  was  not  in  t!ie  said 
month  of  last,  near  a  full  and  valuable  consideration  for  the 

purcliase  of  the  said  treehold  and  iniieritance  of  the  said  messuage  or 
tenements.     And  denies  combination,  &c. 

W.  A. 
Observation. — The  answer  takes  no  notice  of  th(>  charge  that  the 
Defendant  delivered  the  deeds  to  the  attorney  for  the  purpose  of  ex- 
amining the  title  and  preparing  tlie  conveyance;  and  tliat,  therefore, 
in  arguing  the  plea,  that  charge  nuist  be  admitted  to  be  true,  tiiere  was 
nothing  in  the  instructions  concerning  that  charge. 

The  bill,  and  the  facts  stated  in  tiie  answer  were  laid  before  A. 
and  S.  separately,  they  both  advised  the  Plaintiff  to  picad  tlie  statute  of 
iTauds. 


PLEAS.  44<3 

The  Lord  Chancellor,  Hilary  term,  over-ruled  the  plea  in  this  cause, 
but  ordered  it  to  stand  for  an  answer,  witli  liberty  to  except  and  saving 
to  the  Defendants  the  benefit  of  tlie  statute.  At  the  hearing  he  con- 
sidered the  bill  in  the  same  light  as  if  it  had  stated  merely  a  parol  agree- 
meiit  for  the  said  matters  contained  in  the  bill,  tending  to  shew  a  special 
performance  of  the  agreement,  were  so  frivolous  tliey  might  as  well  have 
been  left  out.  Considering  the  bill  in  that  point  of  view,  he  thought 
the  t)lea  a  bad  one  ;  because  it  went  to  the  discovery  of  that  which,  if 
the  court  could  be  satisfied  of  the  truth  of  it  by  any  other  means  but  by 
evidence  they  would  decree  performance  of  the  agreement.  He  was, 
therefore,  of  opinion,  that  the  plea  should  be  supported  by  an  answer 
denying  the  fact  of  the  agreement,  and  seemed  to. think,  that  where  the 
Defendant  pleads  the  statute  of  frauds,  and  by  his  answer  admits  the 
agreement,  the  answer  over-rules  the  plea,  and  the  court  would  decree 
execution.  He  also  observed,  that  where  a  bill  stated  an  agreement, 
without  mentioning  it  to  be  in  writing,  a  demurrer  would  be  the  proper 
mode  of  pleading,  according  to  the  general  rules  of  and  principles  of 
demurrers,  because  it  apiiears  on  the  face  of  the  bill,  that  the  Plaintiff 
has  not  made  out  such  a  case  as  entitled  him  to  relief;  but  he  added, 
that  the  usual  coiu'se  was  to  plead  the  statute  to  such  a  bill,  and  that 
the  practice  had  obtained  by  analogy  to  the  courts  of  law,  where  if  the 
declaration  stated  an  agreement,  without  mentioning  it  to  be  in  writing, 
it  was  always  usual  to  plead  the  statute  in  bar  to  it. 


Plea  of  the  Statute  of  Limitations. 

This  Defendant,  by  protestation  to  all  the  discoveries  and  relief  in  and 
by  the  said  bill  sought  from  or  prayed  against  this  Defendant,  other  than 
and  except  such  parts  of  the  said  bill  as  seek  a  discovery  of  or  concerning 
the  age  of  T.  N.  P.,  in  the  said  bill  named,  or  a  discovery  whether  tiie 
said  T.  N.  P.,  out  of  respect  or  affection  for  the  said  T.  P.  his  father, 
did  not  forbear,  or  was  not  unwilling  to  take  or  use  any  compulsory 
measures  for  obtaining  a  settlement  of  the  accounts  of  the  matters  in  the 
said  bill  mentioned,  this  Defendant  dofh  plead  in  bar,  and  for  plea 
saith,  that  by  an  act  of  parliament  made  and  passed  in  the  twenty-first 
year  of  king  James  I,  intituled,  "  An  Act  for  Limitations  of  Actions,  and 
for  avoiding  Suits  at  Law,"  it  was  enacted,  &c.  [state  act.)  And  this 
Defendant,  for  further  plea,  saith,  that  if  the  Complainant,  either  in  her 
own  right,  or  as  administratrix  of  the  said  S.  N.  deceased,  or  as  adminis- 
tralrix  of  the  said  personal  estate  of  the  said  R.  N.  deceased,  in  the  said 
bill  named,  or  otherwise  ever  had  any  cause  of  action  or  suit  against  this 
Defendant,  or  against  the  said  T.  P.  this  Testator,  for  or  concerning  any  of 


444  PLEAS. 

the  matters  in  the  aforesaid  bill  of  complaint  mentioaefl,  which  this  Defen- 
dant doth  in  no  sort  admit,  such  cause  of  action  or  suit  did  accrue  or  arise 
above  six  years  before  the  filing  of  the  Complainant's  bill  of  complaint, 
and  above  six  years  before  serving  or  suing  out  process  against  this  De- 
fendant to  appear  to  and  answer  the  same  bill ;  and  the  said  T.  N.  P.  was 
not.  at  any  time  within  upwards  of  six  years  before  the  filing  of  the  Com- 
plainant's bill,  or  within  upwards  of  six  years  before  the  serving  or  suing 
out  process  against  this  Defendant,  to  appear  to  and  ansiver  the  said  bill, 
nor  hath  the  Complainant,  at  any  time  since  the  death  of  the  said  T.  N.  P., 
been  under  any  of  the  disabilities  mentioned  and  described  in  the  said  act 
of  parliament.  And  this  Defendant,  for  further  plea,  saith,  that  neither 
he.  this  Defendant,  nor  to  his  knowledge  of  belief  the  said  T.  P.  de- 
ceased, this  Defendant's  Testator,  did,  at  any  time  within  six  years,  be- 
fore exhibiting  the  said  bill,  or  serving  or  suing,  out  process  against  this 
Defendant,  to  appear  to  and  answer  the  same,  promise  or  agree  to  come  to 
any  account  for,  or  to  pay,  or  any  ways  satisfy  the  said  Complainant,  any 
smia  or  sums  of  money,  for  or  by  any  reason  or  matters,  transactions,  or 
things,  in  the  Complainant's  said  bill  of  complaint  charged  or  alleged. 
All  which  matters  and  things  this  Defendant  doth  aver  to  be  true,  and  is 
ready  and  willing  to  maintain  and  prove,  as  this  honorable  Court  shall 
award  ;  and  he  doth  plead  the  same  in  bar  to  the  whole  of  the  said  bill, 
except  such  parts  as  aforesaid,  and  doth  humbly  demand  the  judgment 
of  this  honorable  Court,  whether  he,  this  Defendant,  ought  to  be  com- 
pelled to  make  any  further  order,  or  answer  to  such  parts  of  the  said 
bill  as  he  hath  pleaded  unto  ;  and  this  Defendant,  not  waiving  or  rehn- 
quishing,  &c.  he,  this  Defendant,  ansv^ereth  and  saith,  he  believes  the 
said  T.  N.  P.  attained  his  age  of  years  in  or  about,  &c.  in  the 

year,  &c. ;  and  this  Defendant  doth  not  know  or  believe,  that  the  said 
T.  N.  P.,  for  any  time  whatsoever,  forbore  or  was  unwilling,  out  of 
respect  or  aftection  for  the  said  T.  P.  his  father,  to  take  or  use  any  com- 
pulsory measures  for  obtaining  any  settlement  of  the  accounts,  in  the  bill 
mentioned.     Without  that,  &c. 


Plea,  Defendant  not  legal  Representative. 

This  Defendant,  by  protestation  to  all  the  discovery  and  relief  sought 
and  prayed  by  the  Complainant's  said  bill,  he,  this  Defendant,  doth 
plead,  and  for  plea  he  .«aith,  that  he,  this  Defendant,  is  not  executor  or 
administrator  in  the  bill  mentioned,  or  the  legal  representative  of  the 
said  B.,  which  said  representative  or  representatives  ought  to  be  made 
party  or  parties  to  the  Cftmplainant's  said  bill,  as  this  Defendant  is  ad- 
vised.    All  which  matters  and  things  this  Defendant  avers  to  be  true, 


PLEAS.  445 

and  pleads  the  same  to  the  said  bill,  and  humbly  demands  the  judgment 
of  this  honorable  Court,  and  humbly  prays  to  be  dismissed,  with  his 
reasonable  costs,  &c. 


Plea  of  the  Statute  of  Fronds  to  a  Parol  Agreement,  with 
a  Statement  of  the  Bill. 

The  bill  in  tliis  cause  stated,  that  in  B.  agreed   to  sell  a 

house  called  the  inn,  of  which  he  was  seised  in  fee  to  the  Plain- 

tiff for  £  in  hand,  and  an  annuity  of  £  for  B.'s  life ;  that  for  se- 
curing the  annuity,  the  Plaintiff  agreed  to  give  a  bond,  with  one  security, 
and  also  to  demise  the  premises  to  a  trustee  for  B.,  the  indenture  of  demise 
to  bear  date  subsequent  to  the  conveyance  from  B.  the  Plaintiff.  It  waS 
also  agreed,  that  the  Plaintiff  should  take  the  stock  and  household  furni- 
ture at  a  fair  appraisement ;  that  Plaintiff  and  Defendant  afterwards  met 
in  the  presence  of  Plaintiff's  attorney,  when  the  agreement  was  again 
repeated  and  confirmed,  and  the  attorney  took  notes  of  it  at  the  time,  and 
in  the  presence  of  the  parties,  that  it  was  settled  should  be  also  prepared 
and  executed  before  then  next ;  that  it  was  also  agreed  the 

said  attorney  should  prepare  the  deeds,  agreeably  to  the  said  notes,  and 
that  B.  should  put  tiie  title-deeds  into  his  hands  to  inspect  on  behalf  of 
Plaintiff,  and  to  enable  him  to  prepare  the  conveyance ,  and  that  by  the 
conveyance,  and  that  by  the  said  agreement,  the  said  title-deeds  were 
never  to  be  returned  to  B.,  but  after  the  said  conveyances  were  executed, 
were,  with  the  said  conveyance,  and  the  said  deed  of  demise  to  B.'s 
trustees,  to  be  lodged  in  the  hands  of  such  trustees  for  the  benefit  of  both 
parties ;  that  the  title-deeds  were  accordingly  delivered  to  B.  for  the 
purpose;  that  the  consideratioji  for  the  said  purchase  was  fully  adequate; 
that  Plaintiff  and  B.,  in  pursuance  of  said  agreement,  fixed  on  a  person 
to  appraise  the  stock  and  furniture,  and  that  Plaintiff,  relying  on  the 
said  agreement,  had,  with  the  privity,  approbation,  and  consent  of  B., 
entered  into  articles  of  agreement  with  S.  W.  to  give  him  a  lease  of  the 
said  house  for  years,  as  soon  as  the  said  purchase  should  be  com- 

pleted, to  commence  from  then  next ;  that  the  Plaintiff  prepared 

the  deeds,  but  before  the  appointment  for  the  execution  thereof,  B.  went 
to  the  attorney,  and  desired  him  not  to  proceed  any  further,  and,  at  the 
same  time,  requested  the  Plaintiff  to  vacate  the  agreement,  which  Plain- 
tiff refused  to  do,  and  on  the  day  of  tendered  the  £  , 
and  demanded  possession  ;  that  Defendant  pretended  the  agreement  was 
void,  not  being  in  writing,  but  Plaintiff  insists,  that  it  was  in  part  per- 
formed in  Plaintiff's  delivering  the  deeds  to  the  attorney  for  the  purposes 


446  PLEAS. 

aforesaid,  and  by  Plaintiff's  binding  himself,  with  Defendant's  concur- 
rence, to  let  the  premises.     Prayer  for  a  specific  performance. 

The  plea  of  A.  to  the  bill  of  complaint  of  B.,  Complainant. 

This  Defendant,  &;c.  as  to  so  much  of  the  said  bill  as  seeks  to  compel 
this  Defendant,  or  any  person  or  persons  claiming  under  him,  to  execute  a 
lease,  in  writing,  of  the  several  lands  and  tenements  in  the  bill  mentioned, 
or  of  any  of  them,  or  of  any  part  thereof,  pursuant  to  the  pretended 
agreement  in  the  bill  mentioned,  and  as  to  any  relief  thereby  prayed 
touching  such  lease  and  agreement,  this  Defendant  doth  plead  in  bar, 
and  for  plea  saith,  that  by  an  act  of  parliament  made  in  the  twenty-ninth 
year  of  the  reign  of  his  late  majesty  king  Charles  II.,  intituled  "  An  Act 
for  the  Prevention  of  Frauds  and  Perjuries,"  it  is,  amongst  other  things, 
enacted,  that  from  and  after  the  day  of  ,  no   action  shall  be 

brought  whereby  to  charge  any  person  upon  any  contract  of  lands,  tene- 
ments, hereditaments,  or  any  interest  in  or  concerning  them,  unless  the 
agreement  upon  which  such  action  shall  be  brought,  or  some  memoran- 
dum or  note  thereof  shall  be  in  writing,  and  signed  by  the  party  to  be 
charged  therewith,  or  some  other  person  thereunto  lawfully  authorized, 
as  by  the  said  act  may  appear.  And  this  Defendant  avers,  that  neither 
he,  this  Defendant,  nor  any  person  by  him  lawfully  authorized,  did  ever 
make  or  sign  any  contract  or  agreement  in  writing  for  making  or  ex- 
ecuting any  lease  to  the  Complainant  of  the  same  premises,  or  any  of 
them,  or  of  any  part  or  parcel  thereof,  or  to  any  such  effect,  as  by  the 
said  bill  is  suggested,  or  any  memorandum  or  note  in  writing  of  any 
agreement  whatsoever,  for  or  concerning  the  demising,  or  leasing,  or 
making,  or  executing  any  lease  of  the  said  premises,  or  any  of  them,  or 
any  part  or  parcel  thereof  to  the  Complainant,  and  therefore  this 
Defendant  doth  plead  the  said  act  of  parliament,  and  matters  aforesaid, 
in  bar,  to  so  much  and  such  part  of  the  said  bill  as  seeks  to  compel  this 
Defendant,  or  any  person  or  persons  claiming  under  him,  to  execute  a 
lease  to  the  Complainant  of  the  several  lands  and  tenements  in  the  bill 
mentioned,  or  of  any  of  them,  or  of  any  part  or  parcel  thereof,  pur- 
suant to  the  said  pretended  agreement;  and  as  to  any  the  relief  thereby 
prayed  touching  such  lease  and  agreement,  and  humbly  prays  the  judg- 
ment of  this  honorable  Court  whether  he  shall  be  compelled  to  make 
any  further  or  other  answer,  &c. 


PLEAS.  447 


Plea  of  Bankruptcy. 

This  Defendant,  by  protestation,  not  confessing  or  acknowledging  all 
or  any,  &c. 

This  Defendant  doth  plead,  and  for  plea  saith,  she  hath  been  informed 
and  believes  that  the  Complainant  and  J.  B.  the  younger,  his  son,  did,  for 
some  years  before  the  month  of  ,  carry  on  the  business  of  merchants, 

as  co-partners  together,  at  L.,  in  the  county  of  Y.  And  that  they  were,  be- 
fore and  on,  &c.  jointly  indebted,  on  account  of  the  partnership  dealings, 
to  many  persons  to  a  large  amount  in  the  whole,  and  particularly  to  H.  W. 
in  the  sum  of  <£  ;  and  that  the  said  Complainant,  and  the  said  J.  B.  the 
younger,  were,  before  and  on  the,  &c.  severally  indebted,  on  their  respec- 
tive separate  accounts,  to  many  persons  to  a  large  amount  in  the  whole ; 
and  that  the  Complainant  and  the  said  J.  B.,  or  one  of  them,  on  their 
said  partnership  account,  before  the  said,  &c.  committed  one  or  more  act 
or  acts  of  bankruptcy,  and  that  a  commission  of  bankruptcy,  under  the 
great  seal  of  Great  Britain,  on  the  said  day  of  ,  was  duly  issued 

against  them,  under  the  names  of  J.  B.  the  elder,  and  J.  B.  the  younger 
on  the  petition  of  the  said  H.  W.,  and  that  they  were  thereupon,  by  the, 
major  part  of  the  said  commissioners  named  in  the  said  commission, 
soon  after  duly  found  and  declared  to  be  bankrupts,  as  co-partners ;  and 
that  the  said  II.  W.,  &c.  &c.  were  duly  chosen  assignees  of  the  estate 
and  effects  of  the  Complainant  and  his  said  son,  under  the  said  com- 
mission ;  and  that  the  usual  assignment  was  made  by  the  major  part  of 
the  said  conunissioners,  named  in  the  said  commission,  unto  the  said 
H.  W.,  &:c.  of  the  personal  effects  of  the  said  Complainant  and  his  said 
son,  and  each  of  them  ;  and  that  by  indenture  of  B.  and  S.,  duly  inrolled 
in  this  honorable  Court  in  the  year  ,  the  major  part  of  the  commis- 

sioners, named  in  the  said  commission  of  bankruptcy,  also  made  the 
usual  conveyance  unto  the  said  assignees  of  all  the  real  estate  of  the  said 
Complainant  and  his  said  son,  and  each  of  ihem  ;  and  that  the  Com- 
plainant, shortly  after  the  issuing  of  the  said  commission  of  bankruptcy, 
obtained  the  usual  certificate  from  in  number  and  value  of  the 

joint  creditors  of  him  and  of  his  son  also,  and  also  of  the  separate  cre- 
ditors of  him,  the  said  Complainant,  who  proved  their  debts  under  the 
said  commission  of  bankruptcy,  and  also  from  the  major  part  thereof, 
from  the  commissioners  named  in  the  said  commission  ;  and  that  Plain- 
tiff had  duly  conformed  himself  to  the  several  laws  made  and  in  force 
concerning  bankrupts.  And  this  Defendant  hatli  also  been  informed  and  be- 
lieves, tliat  such  ceilificate  was  duly  confirmed  by  the  right  honorable  the 
late  Lord  Chancellor.  And  this  Defendant,  for  further  plea,  saith,  she  be- 
lieves that  the  said  commission  of  bankruptcy  hath  never  been  superseded; 


448  TLEAS. 

but  that  the  same  is  now  remaining  in  full  force,  and  therefore  as  the  right 
claimed  by  the  said  bill  to  the  estates  therein  mentioned,  and  to  the  rents 
and  profits,  appears  by  the  said  bill  to  have  accrued,  and  if  the  same 
is  just  and  well  founded  did  really  accrue  long  before  the  date  and  is- 
suing forth  of  the  said  commission,  this  Defendant  is  advised,  that  the 
said  Complainant's  right  and  interest  to  and  in  the  said  estate,  and  the  rents 
and  profits  thereof,  was,  at  the  time  of  the  filing  of  the  said  bill,  and  is 
now,  vested  in  the  said  assignees,  under  the  said  commission  of  bank- 
ruptcy, for  the  benefit  of  them  and  the  other  creditors  of  the  said  Com- 
plainant and  his  son,  and  of  the  Complainant  alone.  All  which  matters 
and  things  this  Defendant  doth  aver  to  be  true  ;  and  she  pleads  thb  sanar 
to  the  whole  of  the  said  bill,  and  humbly  demands  the  judgment  of  this 
honorable  Court  whether  she  ought  to  be  compelled  to  make  any  further 
or  other  answer  thereto. 


Plea  of  Alien  Enemy. 

This  Defendant,  by  protestation,  not  confessing  or  acknowledging  all 
or  any  of  the  matters  and  things  in  the  said  Complainant's  said  bill  men- 
tioned, to  be  true,  in  such  manner  and  form  as  the  same  are  therein  and 
thereby  set  forth  and  alleged,  doth  plead  thereunto,  and  for  plea  saith, 
that  the  said  Complainant  is  an  alien  born  in  foreign  parts,  that  is  to 
say,  in  the  kingdom  of  Spain,  out  of  the  allegiance  of  our  lord  the  now 
king,  and  under  the  allegiance  of  a  foreign  sovereign,  that  is  to  say,  of 
the  king  of  S.,  an  enemy  to  our  said  lord  the  king,  and  that  the  said 
Complainant  before  and  at  the  time  of  his  exhibiting  his  said  bill  against 
this  Defendant,  was  and  still  is  an  enemy  of  our  lord  the  now  king,  and 
an  inhabitant  of  C,  under  the  government  of  the  said  king  of  S., 
and  adhering  to  our  said  lord  the  king's  enemies.  All  which  matters  and 
things  this  Defendant  doth  aver  to  be  true,  and  pleads  the  same  to  the 
whole  of  the  said  bill,  and  humbly  demands  the  judgment  of  this  honor- 
able Court  whether  he  ought  to  be  compelled  to  make  any  answer  to  the 
said  bill  of  complaint,  and  humbly  prays  to  be  hence  dismissed,  with  his 
reasonable  costs  in  this  behalf  most  wrongfully  sustained. 

J.  L. 


PLEAS.  .  449 

A  joint  Plea  of  a  valuable  Consideration  by  Executors  of 

Purchaser. 

In  Chancery, 

The  joint  and  several  plea  of  J.  G.,  W.  S.,  J.  B  ,  and  F.  L., 
four  of  the  Defendants,  to  the  bill  of  complaint  oi  J.  T. 
Complainant. 

These  Defendants,  by  protestation,  not  confessing  or  acknowledging 
all  or  any  of  the  matters  and  things  in  the  said  Complainant's  said  bill 
of  complaint  contained,  to  be  true,  in  such  manner  and  form  as  the  same 
are  therein  and  thereby  alleged  ;  as  to  all  the  discovery  and  relief  in  and 
by  the  said  bill  sought  from  or  prayed  against  these  Defendants,  these 
Defendants  do  plead  thereto,  and  for  plea  say,  that  M.  B.,  in  the  said 
Complainant's  said  bill  of  complaint  named,  was,  at  and  prior  to  the  dates 
and  execution  of  the  indentures  hereinafter  in  part  set  forth,  seised  or 
entitled  in  fee-simple  of  and  in  certain  messuages  or  tenements,  and 
other  premises,  hereinafter  particularly  mentioned,  of  which  premises  the 
said  M.  B.  being  also  in  the  quiet  and  uninterrupted  possession  and 
''njoyment.     [State  the  sale  avd  consideration  paid  as  a  plea  in  bar.) 


a8 


450 


SECT.  IV. DISCLAIMEU. 


A  DISCLAIMER  is,  where  ii  Dcroiidant  upon  oath, 
hy  his  answer  denies  he  hath,  or  claims  any  right  or 
title  to  the  thing  demanded  by  the  Plaintiff's  bill,  and 
disclaims,  ?.  e.  renounces  all  claim  or  pretence  of  title 
thereto. 

Where  a  Defendant  disclaims  generally  to  all  the  mat- 
ters in  the  bill,  the  Plaintiff  has  not  to  reply  ;  if  he  does, 
and  serves  the  Defendant  with  a  suhpcvna  to  rejoin,  the 
Defendant  may  have  costs  against  him  for  the  vexation  to 
be  taxed. 

But  if  the  disclaimer  be  only  to  part  of  the  matter  in 
question,  but  as  to  the  other  part,  there  is  an  answer,  in 
such  case  there  may  be  replication  to  that  part  that  con- 
tains the  answer. 

A  Defendant  may  demur  to  one  ])art  of  a  bill,  plead 
to  another,  answer  to  another,  and  disclaim  to  another ; 
but  all  these  defences  must  clearly  refer  to  separate  and 
distinct  parts  of  the  bill.     (1  P.  W.  80.) 

A  Defendant  cannot  by  answer  claim,  what  by  dis- 
claimer he  has  declared  he  has  no  right  to.     {Mlt.  254.) 

If  a  disclaimer  and  answer  are  inconsistent,  the  matter 
will  be  taken  most  strongly  against  the  Defendant  upon 
the  disclaimer.    {Mit.  234.) 

A  disclaimer  being  in  point  of  ibrm  an  answer,  the 
words  of  course  preceding,  and  concliuiing  the  one,  are 
pursued  in  regard  to  the  form  of  the  other.    {Hind.  209.) 


DISCLAIMER.  451 

The  disclaimer  of  A.  B.  the  Defendant,  to  the  bill  of  com- 
plaiut  of  C.  D.,  Complainant. 

Tins  Defendant  {here  follow  the  words  of  course  tvhich  precede  an 
answer,)  saith,  that  he  doth  not  know  that  he,  this  Defendant,  to  his 
knowledge  or  belief,  ever  had,  nor  did  he  claim,  or  pretend  to  have, 
nor  doth  he  now  claim,  any  right,  title,  or  interest  of,  in,  or  to  the 
estates  and  premises,  situate,  &c.  in  the  said  Complainant's  bill  set  forth, 
or  any  part  thereof,  and  this  Defendant  doth  disclaim  all  right,  title, 
and  interest  to  the  said  estate  and  premises  in,  S^c.  in  the  said  Com- 
plainant's bill  mentioned,  and  every  part  thereof.  (Here  follow  the 
jvords  of  course  ichich  conclude  an  aiiswcr.) 


An  Answer  and  Disclaimer. 

The  several  answer  and   disclaimer  of  A.   V).  one  of  the  De- 
fendants, to  the  bill  of  complaint  of         ,  Complainant. 

This  Defendant,  saving  and  reserving  to  himself,  now  and  all  times 
hereafter  all  manner  of  advantage  and  benefit  of  exception  that  may  be 
had  and  taken  to  the  many  untruths,  uncertainties,  insufficiencies,  and 
imperfections,  in  the  said  Complainant's  said  bill  of  complaint  con- 
tained for  a  full  and  perfect  answer  thereunto,  or  to  such  part  thereof  as 
it  materially  concerns  this  Defendant  to  make  answer  unto,  he  answereth 
and  saith,  that  he  believes  that  C.  D.  did  die  seised  of  such  estates 
Ml  and  ,  as  in  the  said  Complainant's  said  bill  are  men- 

tioned. And  this  Defendant  does  believe,  that  the  said  C.  D.  did  make 
such  last  will  and  testament  in  writing,  and  did  thereby  create  such  trusts 
out  of  the  said  estates,  and   ap[)ointed  this   Dcfendaiii 

trustee  thereof,  in  such  manner,  and  to  such  jiurport  and  effect  as  iu 
the  said  Complainant's  said  bill  for  that  purpose  set  forth.  And  this 
Defendant  does  believe,  that  the  said  Testator  made  E.  F.,  gent,  execu- 
tor of  his  said  will;  and  this  Defendant  does  believe  that  the  said  C.  D 
soon  after  making  his  said  will,  departed  this  life  that  is  to  say,  on  or 
about  the  day  of  ,  in  the  year,  ,  without  revoking  or 

altering  his  said  will,  seised  of  such  estates  in  and  ,  as 

in  the  said  Complainant's  said  bill  are  set  forth.  And  this  Defendant 
further  saith,  that  he  was  advised,  that  the  said  trust  would  be  attended 
with  some  difficulty,  besides  expense  and  loss  of  time,  to  this  Defen- 
dant ;  therefore  this  Defendant  absolutely  refused  to  intermeddle  there- 
with, or  any  way  concern  himself  therein.  And  this  Defendant  denies, 
that  he,  or  any  f'^r  him,  ever  entered  on  tJ;e  said  trust  estate,  or  ever 


452  DISCLAIMER. 

received  any  of  the  rents  and  profits  thereof;  but  this  Defendant  has 
been  informed  and  believes  the  same  were  received  by  G.  H.,  of  the  city 
of  ,  in  the  said  county  of  ,  g^"t-j  who  was  employed 

by  the  said  Testator  C  D.,  in  his  life-time,  to  receive  the  rents  and 
profits  of  the  said  estate  for  the  said  C.  I).     And  this  Defendant 

doth  believe,  that  the  said  G.  H.  hath  received  the  said  rents  and 
profits  of  the  said  trust  estate  ever  since  the  death  of  the  said  Testator 
C.  D.,  and  still  doth  continue  to  receive  the  same.  And  this  Defendant 
positively  denies,  that  the  said  G.  11.  had  any  power,  authority,  or 
direction  from  this  Defendant  to  receive  all  or  any  part  of  the  rents  and 
profits  of  the  said  trust-estate,  or  that  he  ever  accounted  to  this  De- 
fendant for  the  same;  and  this  Defendant  is  very  desirous  and  ready  to 
be  discharged  from  his  said  trust,  and  to  do  any  act  for  that  purpose  as 
this  honorable  Court  shall  direct,  this  Defendant  being  indemnified  in  so 
doing,  and  having  his  costs.  And  this  Defendant  further  saith,  that  as 
to  so  much  of  the  said  bill  as  seeks  a  discovery  of  this  Defendant's  title 
to  the  lands  in  ,  this  Defendant,  saith  that  he  doth  not  know 

that  he,  this  Defendant,  to  his  knowledge  or  belief,  ever  had,  nor  did 
he  claim  or  pretend  to  have,  nor  doth  he  now  claim  or  pretend  to  have, 
any  Hght,  title,  or  interest  of,  in,  or  to  the  said  estate  in  ,  in 

the  said  Complainant's  bill  set  forth,  or  any  part  thereof;  and  this  De- 
fendant doth  disclaim  all  right,  title,  and  interest  to  the  estate  in  , 
in  the  Complainant's  said  bill  mentioned,  and  every  part  thereof.  And 
this  Defendant  doth  deny  all  manner  of  unlawful  combination  and  con- 
federacy unjustly  charged  against  him  in  and  by  the  said  Complainant's 
said  bill  of  complaint  ;  without  that,  that  any  other  matter  or  thing,  in 
the  said  Complainant's  said  bill  of  complaint  contained,  material  or 
necessary  for  this  Defendant  to  make  answer  unto,  and  not  herein  or 
hereby  well  and  sufficiently  answered  unto,  confessed  or  avoided,  tra- 
versed or  denied,  is  true.  All  which  matters  and  things  this  Defendant 
is  ready  to  aver,  maintain,  and  prove,  as  this  honorable  Court  shall 
award,  and  humbly  prays  to  be  hence  dismissed,  with  his  reasonable 
costs  and  charges,  in  this  behalf  most  wrongfully  sustained. 


453 
CHAPTER  VII. 

Sect.     I. 

OF  [NTERLOCUTORY  MATTERS. PETITIONS. 


AS  the  common  books  of  practice  contain  a  variety  and 
numerous  selection  of  petitions  upon  the  most  ordinary 
occasions,  the  following  selection  will  exhibit  such  forms 
of  petitions  only  which  have  never  been  before  the  public 
in  print,  without  any  regard  to  those  petitions  which 
merely  pray  for  matters  of  course. 

A  petition  is  the  request  of  a  person  in  writing,  directed 
to  the  Lord  High  Chancellor,  Vice  Chancellor,  or  Master  of 
the  Rolls,  shewing  some  matter  or  cause  whereupon  the 
petitioner  prays  some  direction  or  order. 

Brevity  and  form  are  the  two  things  chiefly  to  be  ob- 
served in  drawing  them. 

Sometimes  they  are  upon  collateral  matters,  as  they  have 
relation  to  some  former  suit  or  cause  depending,  or  to  an 
officer  of  the  court  as  to  have  a  clerk  or  solicitor's  bill 
taxed,  or  to  oblige  him  to  deliver  up  papers,  &:c. 


454  PEIITIONS. 

Petition  for  Sale  of  Mortgaged  Premises,  the  Mortgagee  be- 
ing a  Bankrupt. 

In  the  matter  of  D.  T.,  a  bankrupt. 

To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 

The  humble  petition  of  T.  S.,  of  M.,  gent. 

Sheweth, 

That  the  said  D.  T.  did  on  or  about  the  day  of  ,  by 

way  of  security  of  £  then  lent  and  advanced  to  him  by  J.  L.,  late  of 
M.,  gent.,  surrender  into  the  hands  of  the  lord  of  the  manor  of  T.  All, 
&c.  To  the  use  and  behoof  of  the  said  J.  L.,  his  heirs,  and  assigns  ac- 
cording to  the  custom  of  the  said  manor.     To  hold,  &c. 

That  by  an  indenture  bearing  date  the  said  day  of  ,  and 

made  between  the  said  D.  T.  of  the  one  part,  and  the  said  J.  L.  of  the 
other  part.  It  was  agreed,  &:c.  (^state  such  part  of  mortgage  deed  as 
nccessari/.) 

That  on  the  same  day  of  ,  the  said  D.  T.  made  and 

executed  his  bond  to  the  said  J.  L.  in  the  penal  sum  of  =£  ,  with  a 

condition  thereunder  written  for  making  void  the  same  on  payment  of 
the  said  sum  of  c^f  and  interest,  at  a  day  therein  mentioned,  and  long 
since  past. 

That  by  a  deed-poll,  bearing  date  on  the  day  of  ,  the 

said  J.  L.,  amongst  other  property,  assigned  to  your  petitioner  all  mo- 
nies due  to  him  the  said  J.  L.,  upon  mortgages,  upon  trust,  for  the  bene- 
fit of  his  children,  in  manner  therein  mentioned,  subject  to  an  interest 
therein  for  his  own  life;  and  the  said  J.  L.  afterwards  departed  this  life 
in  the  year 

That  a  commission  of  bankrupt,  bearing  date,  &c.  was  awarded  and 
issued  against  the  said  D.  T.,  and  he  was  thereupon  duly  found  and  de- 
clared a  bankrupt,  and  the  usual  assignment  of  his  estate  and  effects 
hath  been  made  to,  &c. 

That  the  whole  of  the  said  sum  of  £  ,  so  lent  and  advanced  by 

the  said  J.  L.  to  the  said  I).  T.,  now  remains  due  and  unpaid,  together 
with  an  arrear  of  interest  thereon  from,  &c. 

That,  on  or  about,  Sec.  your  petitioner  caused  a  written  notice,  signed 
by  your  petitioner,  and  also  by  J.  M.  L.,  the  eldest  son  and  heir  of  the 
said  J.  L.,  and  in  whom  the  legal  estate  in  the  said  co{)yhold  premises  is 
now  vested,  to  be  served  on  the  major  part  of  the  commissioners  in  the 
said  commission  named,  and  also  on  R.  W.,  the  solicitor  to  the  said  com- 
mission, requesting  the  said  commissioners  to  proceed  to  inquire  whether, 
&c. 


PETITIONS.  455 

That  tlie  said  commissioners  have  not  thought  fit  to  take  any  step  in 
consequence  of  such  notice. 

Your  petitioner  therefore  most  humbly  prays  your  Lordship,  that  the 
said  mortgaged  premises  may  be  sold  before  the  major  part  of  the 
commissioners  in  the  said  commission  named ;  and  that  an  account 
may  be  taken  of  what  is  due  to  your  petitioner,  as  such  assignee  as 
aforesaid,  for  principal  and  interest  on  the  said  mortgage,  and  that 
the  purchase  monies  of  the  said  premises  may  be  applied  in  satis- 
faction of  what  shall  be  found  due  to  your  petitioner  upon  such  ac- 
count ;  and  if  such  purchase  monies  shall  be  insufficient  for  that 
purpose,  then  that  your  petitioner  may  be  admitted  as  a  creditor, 
under  the  said  commission,  for  such  deficiency,  and  may  receive 
dividends  thereon  pari  passu  with  the  other  creditors  of  the  said 
bankrupt,  or  that  your  Lordship  will  be  pleased  to  make  such  fur- 
ther or  other  order  in  the  premises  as  your  Lordship  shall  seem 
meet.     And  your  petitioner  shall  ever  pray,  &c. 


Petition  to  call  a  Meeting  of  Commissioners  for  the  Pur- 
pose of  proving  a  Debt,  recovered  by  Action,  against 
the  Bankrupt. 

Li  the  matter  of  M.  N.,  a  bankrupt. 
To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 

The  humble    petition  of  O.   N.  N.,    G.  T.,   N.   M.,  R.  J., 
and  J.  W.,  of,  &c.  bankers  and  co-partners. 
Sheweth, 

That  the  said  M.  N.  a  bankrupt,  being,  on  the         day  of  , 

indebted  to  your  petitioners  in   the  sum   of  c£  ,  as  the  drawer 

of  bills  of  exchange,  and  the  indorsee  of  one  promissory  note,  all  of 

which  had  been  discounted  by  your  petitioners  for  the  said  M.  N.  Your 
petitioners,  on  the  said  day  of  ,  sued  out  a  bailable  writ 

against  the  said  M.  N.  for  the  said  sum  of^  ,  and  caused  the  said 
M.  N,  to  be  arrested  thereon,  and  the  said  M.  N.,  not  being  able  to 
find  bail  ia  such  action,  was  soon  afterwards  committed  to  the  K.  B. 
prison. 

That,  on  the  day  of  ,  your  petitioners  caused  another 

writ  to  be  issued  against  the  said  M,  N,  for  the  sum  of  £  ,  being 

the  amount  of  another  bill  of  exchange,  discounted  by  your  petitioners 
for  the  said  M.  N.,  which  had  fallen  due  subsequent  to  the  issuing  of  the 
former  writ. 

That  a  commission  of  bankruptcy  [in  fJtc  Tisntil  7?J0c/e.} 


466  PETlTie.NS. 

That  tlie  said  M.  N.  suffered  judgment  to  go  by  default  in  both  the 
said  actions  so  commenced  against  him  by  your  petitioners  as  aforesaid, 
and   on  the         day  of  ,  your  peticioners  caused  writs  of  inquiry 

to  be  executed  in  tlie  said  actions,  and  in  the  first  of  such  actions  your 
petitioners  recovered,  for  damages  and  costs,  the  sum  of  ^  ,  which 

included  not  only  the  amount  of  bills  and  the  promissory  note  afore- 

said, but  also  the  further  sum  of  ■£  for  the  cash  balance  due  from  the 
said  M.  N.  to  your  petitioners  ;  and  in  the  second  of  such  actions  your 
petitioners  recovered  for  damages  and  costs  the  sum  of  ^ 

That,  on  the  day  of  ,  your  petitioners  delivered  to  the 

said  assignees  a  particular  of  their  demands  agpinst  the  estate  of  the  said 
bankrupt  which  were  therein  stated  by  mistake  at  £  ,  but  ought  t€» 

have  been  stated  at  £         more  ;  and,  on  the  day  of  ,  your 

petitioners  delivered  to  the  said  assignees  a  particular  of  certain  freehold 
and  leasehold  premises  which  had  been  mortgaged  to  your  petitioners  by 
the  said  bankrupt  by  way  of  collateral  security  for  the  debt  due  to  them, 
in  order  that  the  said  mortgaged  premises  might  be  sold,  and  the  pro- 
duce applied  in  the  reduction  of  your  petitioners'  demands,  and  that  they 
might  then  be  able  to  prove,  under  the  said  commission,  for  the  balance 
due  to  them. 

That  the  said  assignees  accordingly  caused  the  said  property  to  be  put 
up  for  sale  by  auction  at  G.'s  coffee-house  on  or  about  the  day 
of  ,  and  your  petitioners  received  from  the  produce  of  such  pro- 

perty the  sum  of  £  ,  which  being  deducted  from  the  said  sum  of 

£  ,  leaves  a  balance  due  to  your  petitioner,  on  the  judgment  in  the 

said  action  in  the  sum  of  ^ 

That  in  or  about  the  month  of  ,  your  petitioners  were  applied 

to  by  the  friends  of  the  said  bankrupt  to  discharge  him  from  prison,  and 
your  petitioners  consented  to  liberate  the  said  bankrupt,  if  it  met  with 
the  approbation  of  his  assignees. 

That,  in  consequence  thereof,  Mr.  P.,  a  solicitor,  employed  on  the  part 
of  your  petitioners,  called  on  Mr.  R.  who  was  the  acting  solicitor  of  the 
assignees,  and  informed  him,  that  he  the  said  Mr.  P.  had  instructions 
to  liberate  the  bankrupt,  if  the  assignees  had  no  objection ;  but  that 
if  the  assignees  objected  thereto,  he  the  said  Mr.  P.  was  to  act  therein 
agreeably  to  their  wishes. 

That  the  said  Mr.  R.  then  said,  that  it  would  be  best  not  to  let  the 
said  bankrupt  have  his  liberty  until  he  had  executed  the  conveyance  deeds 
of  all  the  property  which  had  been  sold  on  the  day  of  as 

aforesaid  ;  but  the  said  bankrupt  should  get  out  of  the  way,  and  thereby 
occasion  great  trouble  and  difliculty  in  the  execution  of  the  said  deeds ; 
and  the  said  Mr.  R.  then  requested  that  the  said  bankrupt  might  not  be 
liberated  until  he  hnd  executed  all  the  said  conveyances. 


PETITIONS.  457 

That,  by  the  course  of  such  proceedings,  the  said  bankrupt  would 
have  been  supersedable  in  the  said  actions,  unless  he  had  been  charged 
in  execution  within  terra  ;   and  the  said  Mr.  P.,  therefore,  in 

order  that  the  said  bankrupt  might,  in  compliance  with  the  wishes  of  the 
said  Mr.  R.,  and  for  no  other  reason  whatsoever,  on  the  day 

of  charged  the  said  bankrupt  in  execution  in  the  said  first  action 

in  which  your  petitioner  had  as  aforesaid,  obtained  judgment  for  £ 

That  three  of  the  conveyances  of  the  premises  sold  as  aforesaid  on 
the         day  of  were  executed  by  the  said  bankrupt  in  the  latter 

end  of  ,  and  the  beginning  of  ,  and  another  of  such 

conveyances  was  not  executed  until  the  day  of 

That  there  is  now  due  to  your  petitioners  the  sum  of  £  in  respect 

of  the  said  first  action,  and  also  the  said  sum  of  £  ,  recovered  in  the 
said  second  action ;  and  there  is  also  due  to  your  petitioners  a  further 
sum  of  £  ,  being  the  amount  of  another  bill  of  exchange  discounted 
by  your  petitioners  for  the  said  M.  N,,  and  which  became  due  after 
the  said  two  actions  were  commenced,  but  before  the  bankruptcy  of  the 
said  M.  N. ;  and  there  is  also  due  to  your  petitioners  a  considerable 
further  sum  for  costs  incurred  in  the  said  two  actions,  and  in  other 
actions  brought  against  the  acceptors,  and  other  parties  on  the  said  bills 
of  exchange,  and  for  expenses  attending  the  sale  of  the  mortgaged  pre- 
mises. 

That  a  dividend  of  the  said  JM.  N.'s  being  advertised  for  the  day 
of  last,  and  neither  of  your  petitioners  being  then  able  to  attend 

to  prove  their  said  debts  against  tlie  said  bankrupt's  estate,  the  solicitor 
of  your  petitioners  attended  the  commissioners,  acting  under  the  said 
commission  of  bankruptcy  against  the  said  M.  N.  at  ,  on  that  day 

for  the  purpose  of  entering  a  claim  for  the  said  sum  of  <£  ,  which  re- 
mjiined  due  to  your  petitioners  in  respect  of  the  said  first  action,  and  for 
the  sum  of  £  recovered  in  the  said  second  action,  the  said   soli- 

citor not  being  then  aware  of  tiie  said  further  sum  of  £  due  to  your 
petitioners  in  respect  of  such  subsequent  bill  as  aforesaid. 

That  the  said  claim  was  opposed  by  counsel,  and  the  said  commis- 
sioners thereupon  permitted  a  claim  to  be  entered,  and  a  dividend  to  be 
reserved  in  respect  of  the  said  bill  for  £  ,  for  which  the  said  second 
action  was  brought,  but  the  said  commissioners  refused  to  permit  any 
claim  to  be  entered  on  the  said  sum  of  £  remaining  due  in  respect 
of  the  said  first  action,  on  the  ground  that  your  petitioners,  by  charging 
the  said  bankrupt  in  execution  in  such  first  action,  had  made  an  election 
not  to  come  in  under  the  said  commission,  with  respect  to  the  said  de- 
mand. 

That  your  petitioners  had  no  intention  whatever  to  make  an  election  io 
proceed  at  law,  as  to  their  demand  in  the  said  first  action,  bv  charging 

59 


458  PETITIONS. 

the  said  bankrupt  in  execution  thereon,  and  on  the  contrary  thereof  they 
had  then  fully  determined  to  forego  their  said  debt  under  the  said  com- 
mission. And  your  petitioners  verily  i)elieve,  that  the  said  assignees 
well  understood  that  such  was  your  petitioners'  determination,  and  your 
petitioners  did  not  in  fact  know  that  the  said  bankrupt  was  so  charged  in 
execution;  but  the  solicitor,  acting  for  your  petitioners,  of  his  own 
notion,  charged  the  said  bankrupt  in  execution  for  no  olher  reason  than 
because  it  was  necessary  for  the  purpose  of  detaining  the  said  bankrupt 
in  prison,  according  to  the  wish  of  the  said  assignees,  and  because  your 
petitioners  had  desired  that  he  should  do,  with  respect  thereto,  whatso- 
ever the  said  assignees  should  require ;  and  the  said  soliciior  was  not 
himself  aware,  that  the  act  of  charging  the  bankrupt  in  execution  did  in 
form  constitute  an  election  to  proceed  at  law. 

Your  petitioners  therefore  must  humbly  pray  that  your  Lordship  will 
be  pleased  to  grant  an  order  for  your  petitioners  to  be  at  liberty  to 
call  a  meeting  of  the  said  commissioners,  acting  under  the  said  com- 
mission so  issued  against  the  said  M.  N.,  in  order  that  your  peti- 
tioners may  prove  their  respective  debts  under  the  same,  or  that 
your  Lordship  will  be  pleased  to  make  such  order,  as  to  your  Lord- 
ship should  seem  meet.     And  your  petitioners  shall  ever  pray,  &c. 

J.  L. 


Petition  hy  Assignees  against  their  Bankrupt,  who  if  as  an 
Executor  and  residuary  Legatee,  to  restrain  him  fiom 
receiving  further  Part  of  his  Testator^s  Property,  and 
to  pay  what  he  had  so  received. 

In  the  matter  of  H.  C,  a  bankrupt. 
To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 

The  humble  petition  of  J.  B.  the  elder,  of,  &<;.  and  R.  G.^ 
of,  &c.  assignees   of  the  estate   and   efiects  of  the  said 
bankrupt. 
Sheweth, 

That  on  the         day  of  ,,  a  comiDission  of  bankrupt,  under 

the  great  seal  of  Groat  Britain,  was  awarded  nud  issued  against  ihe  said 
H.  C,  then  of,  &c.  and  he  was  thereiipon  dijly  found  and  declared  a 
bankrupt,  and  the  usual  assignment  of  his  e.-tate  and  effects  was  made  to 
your  petitioners,  who  were  duly  chosen  by  a  majority  of  his  creditors 
for  that  purpose. 


pExrxioNS.  4o9 

That  the  said  bankrupt  was  the  sole  executor  named  in  the  will  of 
J.  B.,  late  of,  &c.  who  died  upwards  of  years  since,  and  was  also 

entitled,  under  the  will  of  the  said  J.  B.,  to  his  residuary  estate  and 
efiects,  subject  to  the  life-interest  of  S.  B.,  the  widow  of  the  said  J.  B. 
therein. 

That  the  said  S.  B.  died  after  the  issuing  of  the  said  commission 
against  the  said  H.  C,  and  her  executors  having  possessed  themselves 
of  the  property  which  belonged  to  her  husband,  and  to  which  the  said 
bankr  jpt  became  entitled  upon  hei-  death,  and  having  employed  a  JMr.  F., 
an  auctioneer,  to  sell  tlie  same,  he,  the  said  bankrupt,  as  executor  of  the 
said  J.  B.,  caused  an  action  to  be  brought  against  the  said  Mr.  F.,  in 
order  to  recover  the  value  of  the  said  goods,  and  W.  D.,  the  attorney  of 
the  said  bankrupt,  in  the  said  action  afterwards  received  from  the  said 
Mr.  F.  the  sum  of  £  ,  in  respect  of  the  said  action,  over  and  above 
the  sura  of  £  for  his  costs. 

Tiiat  the  said  bankrupt  brought  the  said  action  without  giving  any 
notire  thereof  to  your  petitioners,  and  your  petitioners  only  learned  the 
same  from  the  solicitors  concerned  for  the  executors  of  the  said  S.  B. 

That  your  petitioners  caused  applications  to  be  made  to  the  said  bank- 
rupt and  to  the  said  Mr.  D.  tor  the  payment  to  your  petitioners  of  the 
said  sum  of  £  ,  as  i)arl  of  the  estate  of  the  said  bankrupt ;  but  the 
said  bankrupt,  and  the  said  Mr.  D.  on  his  behalf,  although  they  admitted, 
that  there  were  no  outstanding  demands  against  the  estate  of  the  said 
J.  B.,  other  than  the  bill  of  the  said  Mr.  D.,  and  the  proctor's  bill  for 
the  proof  of  the  will,  refused  to  pay  to  your  petitioners  the  said  sum 
of  £  ,  insisting  that  your  petitioners  were  premature  in  calling  upon 

the  said  liankrupt  to  account  for  the  same,  inasmuch  as  there  was  pro- 
perty of  the  said  J.  B.  in  the  hands  of  a  Mr.  R.  and  a  Mr.  N.,  against 
whom  the  said  bankrupt  meant  to  proceed,  and  that  he  would  account  to 
your  petitioners  for  the  estate  of  the  said  J.  B.  when  he  had  finally  set- 
tled the  same. 

That  your  petitioners,  considering  the  said  sum  of  £  would  be  in 

danger  of  being  lost  to  the  creditors  of  the  said  bankrupt,  if  permitted  to 
remain  in  his  hands,  did,  on  the         day  of  cause  the  said 

Mr.  D.  to  be  served  with  notice  not  to  pay  the  said  sum  of  o£'  to  the 

said  bankrupt,  but  to  pay  the  same  to  your  petitioners,  as  bis  assignees; 
but  notwithstanding  such  notice,  the  said  bankrupt  hath  since  received 
from  the  said  Mr.  D.  the  sura  of  £  ,  part  of  the  said  sura  of  £ 

That  it  may  be  injurious  to  the  creditors  of  the  said  bankrupt,  who 
have  proved  their  debts  under  the  said  commission,  if  the  said  bankrupts 
permitted  to  receive  or  recover  such  other  estate  and  effects  of  the  said 
.1.  B.  as  may  now  be  outstanding. 


460  PETITIONS. 

Your  petitioners  therefore  humbly  pray  your  Lordship  that  the  said 
bankrupt  may  be  directed  to  pay  over  to  your  petitioners  the  said 
sum  of  £  ,  so  received  by  him  from  the  said  M.  D.  as  aforesaid, 
and  that  the  said  bankrupt  may  be  restrained  from  receiving  any 
further  part  of  the  said  estate  and  effects  of  the  said  J.  B.  and  that 
the  said  bankrupt  may  also  be  restrained  from  commencing  or  pro- 
ceeding in  any  action  or  suit  for  the  recovery  of  any  part  of  the  out- 
standing estate  and  effects  of  the  said  J.  B.,  and  that  your  petition- 
ers may  be  at  liberty  to  use  the  name  of  the  said  bankrupt  for  re- 
ceiving or  recovering  the  residue  of  the  said  sum  of  £  ,  so  re- 
maining in  the  hands  of  the  said  Blr.  D.,  and  the  other  outstanding 
estate  and  effects  of  the  said  J,  B.,  and  tliat  the  said  bankrupt  may, 
if  necessary,  execute  to  your  petitioners  a  proper  authorit}'  for  that 
purpose,  or  that  your  petitioners  may  have  such  other  relief  as  the 
nature  of  the  case  may  appear  to  require.  And  your  petitioners 
shall  ever  pray,  &c. 


Petition  to  prove  an  Annuity,  or  the  Value  thereof. 
In  Chancery. 

In  the  matter  of  W.  II.  and  R.  J.  bankrupts. 
To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 

The  humble  petition  of  E.  M.  wiclow  and  relict  of  J.  H.  late 
of,  &c.  deceased,  and  sole  executrix  appointed  in  and  by 
his  last  will  and  testament. 

Sheweth, 

That  by  a  cerlain  indenture,  bearing  date  on  or  about,  &c.  and  made 
between,  &:c.  (being  the  deed  securing  the  annuity  of  ^  per  annum, 

payabl*^  to  J.  H.  and  wife,  and  the  longer  liver,  in  consideration  of  J.  H.'s 
retiring  from  the  business  of  distillers.) 

That  the  said  W.  H.  and  R.  J.  did  duly  make  and  execute  such  two 
bonds  or  obligations  in  writing,  as  in  the  said  indenture  are  stated  to  bear 
even  date  therewith,  and  in  such  words,  or  to  such  purport  and  effect  as 
in  the  said  indenture  are  recited. 

That  the  said  J.  H.  departed  this  life  on  or  about,  &c.  leaving  your 
petitioner,  his  widow,  and  having  first  duly  made  and  published  his  last 
will  and  testament  in  writing,  and  thereby  gave  and  bequeathed  all  iiis 
property,  of  what  nature  and  kind  soever,  to  your  petitioner,  whom  he  ap- 
pointed the  sole  executrix  of  his  said  will. 

That  on  or  about,  &c.  a  commission  of  bankrupt,  under  the  great  seal 
of  Great  Britain,  was  awarded  and  issued  against  the  said  W.  H.  and 


PETITIONS.  461 

R.  J.  wlio  were  thereupon  duly  found  and  declared  a  bankrupt,  and 
were  duly  chosen  assignees  of  their  estate  and  efl'ects  ;  and  an  assignment 
thereof  hath  been  duly  made  and  executed  to  them  by  the  major  part  of 
the  commissioners  named  and  authorized  in  and  by  the  said  commission. 

That  at  the  time  of  issuing  the  said  commission,  there  was  due  to  your 
petitioner  the  sum  of  £  for  arrears  of  the  said  annuity,  and  the  said 
bond  for  securing  the  said  annuity,  having  been  forfeited  at  law,  your  pe- 
titioner hath  lately  attended  at  a  meeting  of  the  commissioners  acting  un- 
der the  said  commission,  to  prove  the  said  arrears,  and  also  to  prove  the 
value  of  the  said  annuity ',  but  the  said  commissioners,  although  they  ad- 
mitted the  proof  of  the  said  arrears,  refused  to  admit  your  petitioner  to 
prove  the  value  of  the  said  annuity. 

That  no  dividend  has  yet  been  made  of  the  estate  and  effects  of  the 
said  bankrupt. 

Your  petitioner  therefore  most  humbly  prays  your  Lordship  that  she 
may  be  admitted  a  creditor  under  the  said  commission,  for  the 
value  of  the  said  annuity,  and  that  it  may  be  referred  to  the  com- 
missioners acting  under  the  said  commission,  to  settle  such  value ; 
and  that  your  petitioner  may,  from  time  to  time,  be  paid  dividends 
in  respect  thereof,  rateably  and  in  equal  proportion  with  the  other 
creditors  of  the  said  bankrupts,  seeking  relief  under  the  said  com- 
mission. 

J.  L. 


Petition  by  Creditors  against  the  Assignees,  under  a  Com- 
mission of  Bankruptcy,  to  have  them  removed,  they  not 
being  Creditors,  but  the  Friends  of  the  petitioning  Cre- 
ditors, and  for  thein  to  account  for  what  had  come  to 
their  Hands,  and  deliver  up  all  Papers,  ^c. 

In  the  matter  of  W.  and  J.  O.  bankrupts. 
To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 
The  humble  petition  of 
Sheweth, 

That  on  or  about  the         day  of  ,  a  commission  of  bankrupt, 

under  the  great  seal  of  Great  Britain,  was  duly  awarded  and  issued 
against  the  said  W.  and  J.  O.  of,  &c.  and  co-partners,  upon  the  petition 
of  ,  and  the  said  W.  and  J.  O.  were  thereupon  duly  found  and 

declared  bankrupts,  by  the  major  part  of  the  commissioners  named  and 
authorized  in  and  by  the  said  commission. 

That  the  said  Messrs.  N.  and  Co.  the  petitioning  creditors,  at  the 


462  PETITIONS. 

first  public  meeting  under  the  said  commission  proved  their  debt,  as 
amounting  to  £  and  upwards,  but  did  not  then  exhibit  to  the  com- 

niissioners  any  account  to  shew  liow  the  said  debt  was  made  out,  as  is 
usual  and  regular  in  such  cases. 

That  at  the  meeting  for  the  choice  of  assignees,  the  said  Messrs.  N. 
and  Co.  altered  the  proof  of  their  debt  to  the  sum  of  <£  ,  and  then 

exhibited  their  account,  stating  the  particulars  thereof;  and  the  said 
Messrs.  N.  and  Co.  by  reason  of  the  amount  of  their  debt,  having  the 
choice  of  assignees,  chose  the  said  N.  M.  one  of  their  partners,  and 
P.  M.  esq.  who  is  not  a  creditor  of  the  bankrupt,  but  is  a  particular  friend 
of  the  said  Messrs.  N.  and  Co.  to  be  the  assignees  of  the  said  bankrupt's 
estate. 

That  the  said  bankrupts  were,  at  the  issuing  of  the  said  commission, 
indebted  to  your  peliiioner  A.  B.  in  the  sum  of  £  (^Here  state 

the  fhhts  of  the  respective  petitioners.) 

That  the  debts  proved  under  the  said  commission,  by  other  persons 
than  the  said  Messrs.  N.  and  Co.  amount  altogether  to  the  sum  of  £ 

That  no  dividend  was  made  or  declared  under  the  said  commission 
until  the         day  of  ,  when  a  dividend  was  declared  of  in  the 

pound,  and  the  said  Messrs.  N.  and  Co.  at  the  meeting,  of  which  such 
dividend  was  declared,  again  altered  the  proof  of  their  debt,  and  made 
the  same  amount  to  tlie  sum  oi  £  ,  according  to  a  statement  which 

they  then  exhibited,  and  which  differed  from  their  former  statement,  not 
only  by  carrying  further  sums  to  the  debit  of  the  said  bankrupts,  but  also 
by  reducing  a  sum  of  =£'  ,  with  wliich  they  had  before  credited  the 

estate  of  the  said  bankrupts,  in  respect  of  securities  of  C.  P.  transferred 
to  them  by  the  said  bankrupts,  to  the  sum  of  £  ,  and  by  omitting 

altogether  a  sum  of  £  ,  with  which  they  had  before  credited 

the  said  bankrupt's  estate  in  respect  of  sir  VV.  J.'s  assignment  of  all 
reckonings. 

That  the  said  assignees  produced,  at  such  meeting,  an  account  of  the 
bankrupts"  estate  received  by  tliem,  amounling,  in  the  whole  to  the  sum 
of£  ,  the  first  article  of  which  was  tiius  stated  : — «  By  cash  rc- 

"  ceived  of  sundry  debtors  to  the  estate  of  Messrs.  N.  and  Co.  £  .' 

And  on  the  other  side  of  the  account  was  an  article  thus  stated  : — "  To 
"  cash  retained  by  Messrs.  N.  and  Co.  being  the  amount  of  debts  re- 
'•  ceived  by  ihtm,  and  upon  wliich  they  have  a  specific  lien,  or  are  to 
"  give  credit  on  account  of  their  demand  against  the  estate,  £  ," 

That  the  said  Messrs.  N.  and  Co.  claim  to  have  a  lien  upon  securities 
given  to  the  bankrupts  to  a  very  great  amount,  which  securities  were 
transferred  to  the  said  Messrs.  N.  and  Co.  very  shortly  before  the  bank- 
ruptcy, and  when  they  had  fall  kaowledge  of  the  insolvency  of  the  said 
bankrupts. 


PETITIONS.  4bD 

That  the  said  bankrupts  had  a  house  of  business  at  P.  on  which  the}' 
drew  bills  to  a  large  amount,  and  which  were  negociated  through  the 
house  of  the  said  iMessrs.  N.  and  Co, ;  and  the  said  Messrs.  N.  and  Co. 
on  the  negociation  of  such  bills,  not  only  charged  the  full  rate  of  exchange 
thereon,  which  according  to  the  course  of  such  transactions,  includes  the 
interest  or  discount  for  the  time  which  such  bills  have  to  run,  but  also 
made  a  further  specific  charge  after  the  rate  of  ^  per  cent,  per  ann. 

for  such  interest  or  discount  thereby  taking  an  usurious  advantage  of  the 
said  bankrupts. 

That  by  reason  of  the  said  N.  M.  and  P.  M.  the  assignees,  being  such 
partner  and  friend  of  the  said  Messrs.  N.  and  Co.  as  aforesaid,  and  hav- 
ing the  possession  of  all  the  books  and  papers  of  the  said  bankrupts,  and 
the  control  of  their  affairs,  the  accounts  of  the  said  Messrs.  N.  and  Co. 
with  the  said  bankrupts,  cannot  be  fairly  and  fully  investigated,  nor  jus- 
tice done  to  the  other  creditors  of  the  said  bankrupts,  unless  new  as- 
signees be  appointed. 

Your  petitioners  therefore  humbly  pray  your  Lordship  that  the  said 
N.  M,  and  P.  M.  may  be  respectively  discharged  from  being  as- 
signees under  the  said  commission,  and  that  a  meeting  may  be  had  of 
the  commissioners  named  in  and  authorized  by  the  saiil  commission, 
for  the  choice  of  one  or  more  assignee  or  assignees  of  the  said  bank- 
rupts' estate  and  effects,  in  the  places  and  steads  of  the  said  N.  M. 
and  P.  M.  and  that  the  said  N.  M.  and  P.  M.  may  be  directed  to 
deliver  to  such  person  or  persons  as  shall  be  chosen  such  new  as- 
signee or  assignees,  such  part  of  the  estate  and  effects  of  the  said 
bankrupts  as  shall  appear  to  be  in  their  hands  remaining  in  specie, 
together  with  all  books,  papers,  and  writings,  in  their  or  either  of 
their  custody  or  power  respectively  belonging,  or  any  wise  relating 
to  the  said  bankrupts,  or  their  estate  and  effects,  and  that  the  said 
N.  M.  and  P.  M.  may  join  in  assigning  over  of  the  said  bankrupt's 
estate  to  such  new  assignee  or  assignees,  and  that  the  said  N.  M. 
and  P.  M.  may  be  respectively  ordered  to  come  to  an  account  be- 
fore the  major  part  of  the  commissioners,  for  what  hath  come  to  the 
respective  hands  of  the  said  N.  M.  and  P.  M.  or  to  the  hands  oi  any 
other  person  or  persons,  by  their  respective  orders,  or  for  their 
respective  uses  ;  and  that  all  necesi^ary  directions  may  be  given  con- 
cerning the  taking  such  accounts,  or  that  your  Lordahip  will  be 
pleased  to  make  such  order  in  the  premises  as  to  your  Lordship 
shall  seem  meet.     And  your  petitioners  shall  ever  pray,  &c. 

J.  L. 


464  PETITIONS. 

Petition  by  a  Bond  Creditor  to  have  certain  Property  as- 
signed to  him  as  a  Security,  sold,  and  to  prove  the  De- 
ficiency  under  the  Cominission. 

In  the  matter  of  J.  A.  a  bankrupt. 
To  the  Right  Hon.  the  Lord  High  Chancellor  of  Great  Britain. 

The  humble  petition  of  T.  A.  of  in  the 

county  of  M. 
Sheweth, 

That  in  or  about  the  month  of  G.  P.  then  a  partner  in  a 

banking-house  in  B.  street,  with  J.  S.  J.  D.  G.  T.  S.  and  the  said  J.  A. 
applied  to  your  petitioner  to  accommodate  the  said  banking-house  with 
a  loan  of  money  or  stock,  and  thereupon  your  petitioner  agreed  to  lend 
to  the  said  banking-house  the  sum  of  <£  Navy  j  percent,  annuities, 

which  your  petitioner  then  had  standing  in  iiis  name,  on  the  engagement 
of  the  said  G.  P.  that  the  several  partners  of  the  said  banking-house 
should  give  your  petitioner  their  joint  and  several  bond  for  replacing  the 
said  stock,  and  paying  to  your  petitioner  the  dividends  in  the  mean  time, 
as  hereinafter  stated,  and  should  also  give  to  your  petitioner  some  real 
security  for  the  same. 

That  your  petitioner,  on  or  about  the         day  of  ,  accordingly 

transferred  the  said  sum  of  £  Navy  5  per  cent,  annuities  to  the 

said  G.  P.  for  the  use  of  the  said  banking-house ;  and  thereupon  the 
said  J.  S.  &c.  made  and  executed  their  joint  and  several  bond  to  your 
said  petitioner,  in  the  principal  sum  of  £  ,  with  a  condition  there- 

under written,  for  making  void  the  same,  if  the  said  J.  S.  &c.  (^set  out  to 
the  end  of  the  bond.) 

That  in  the  said  condition  of  the  said  bond,  and  also  in  the  indenture 
of  the  ,  hereinafter  mentioned,  the  stock  transferred  by  your 

petitioner  as  aforesaid,  was,  by  mistake,  stated  to  he  £  ,5  per  cent. 

Bank  annuities,  in  the  place  of  £  ,  5  per  cent  Navy  annuities. 

That  in  further  performance  of  the  agreement  between  your  petitioner, 
and  the  said  G.  P.  the  said  Messrs.  S.  and  Co.  at  the  same  time,  by  way 
of  further  security  for  the  said  stock,  and  also,  by  way  of  security  to  the 
honorable  C.  A.  for  a  debt  due  to  him  from  the  said  banking-house,  de- 
posited with  Mr.  L.  in  trust  for  your  petitioner  and  the  said  honorable 
C  A.  the  several  "deeds  whereby  the  said  banking-house  had  become  in- 
terested in  two  several  sums  of  £  and  £  ,  secured  on  certain 
estates  of  P.  B.  Esq.  in  the  indenture  hereinafter  next  mentioned,  and 
more  particularly  stnted. 

That,  by  a  certain  indenture  of  four  parts,  bearing  date  on  or  about 


PETITIONS.  465 

the  day  of  ,  and  made  between,  &c.  {the  deed  assigning 

over  the  two  last  sums,  as  a  security  to  petitioner,  it  is  necessary/  to  state 
this  deed,  as  it  shews  more  dearly  the  nature  of  the  interests  to  he 
sold.^ 

That  the  said  indenture  was  duly  executed  by  all  the  said  parties  thereto, 
except  the  said  J.  D.  but  the  said  J.  D.  was  a  party  to  the  deposit  of  the 
said  deeds  with  the  said  Mr,  L.  and  directed  the  same,  or  fully  approved 
thereof. 

That  a  commission  of  bankrupt,  bearing  date  on  or  about  the,  &'c. 
was  awarded  and  issued  against  the  said  J.  A.,  and  he  was  thereupon 
duly  found  and  declared  a  bankrupt,  and  the  usual  assignment  of  his 
estate  and  effects  hath  been  made  to,   &:c. 

That  no  part  of  the  said  sum  of  ^         ,5  per  cent.  Navy  annuities, 
was  re-transferred  to  your  petitioner,  pursuant  to  the  condition  of  the 
said  bond,  nor  hath  since  been  re-transferred  to  him,    and  the  whole 
thereof,   together  with   the  amount   of  the   dividends,  from    the 
day  of  ,  now  remains  due  and  owing  to  your  petitioner. 

Your  petitioner  therefore  most  humbly  prays  your  Lordship  that  the 
interest  of  your  petitioner's  said  two  several  sums  of  £  and 

£  ,  and  in  the  security  for  the  same,  mentioned  in  the  said  in- 

denture of  the  may  be  sold  before  the  major  part  of  the  com- 

missioners in  the  said  commission  named;  and  that  an  account 
may  be  taken  of  what  is  due  to  your  petitioner  in  respect  of  the 
principal  of  the  said  sum  of  c£  ,5  per  cent.  Navy  annuities 

and  of  the  dividends  thereon  ;  and  that  the  purchase  money  arising 
from  such  sale  as  aforesaid,  may  be  applied  in  or  towards  satisfac- 
tion of  what  shall  be  found  due  to  your  petitioner,  upon  such  ac- 
count. And  that  if  such  purchase  shall  be  insufficient  to  pay  to 
your  petitioner  what  shall  so  be  found  due  to  him,  then  that  your 
petitioner  may  be  admitted  as  a  creditor  under  the  said  commission, 
against  the  said  J.  A.  for  such  deficiency,  and  may  receive  the  divi- 
dends thereon  from  his  separate  estate,  from  passing  with  the  other 
creditors  of  the  said  bankrupt,  or  that  your  Lordship  «ill  be  pleased 
to  make  such  further  or  other  order  in  the  premises  as  to  your  Lord- 
ship shall  seem  meet.      And  your  petitioners  shall  ever  pray,  (fee. 


60 


466  I'ETITIONS. 

Petition  to  have  certain  Shares  of  Slock  transferred  to  each 
Petitioner,  they  having  attained  their  respective  Ages, 
with  a  Decretal  Order  recited.  Opinion  as  to  the  Affi- 
davits  necessary  as  to  coming  of  Age,  and  Affidavits  of 
Incapacity  to  maintain  Infants  ivithovt  an  alloivance. 

Between  W.  VV.  the  eldfr,  and  JM.  his  wife,  since  deceased, 
Z.  G.,  lately  deceased,  and  M.  his  wife,  K.  W.,  now  R.  and 
J.  W.,  E.  W.,  &c.  &'r.  infants,  by  the  said  W.  VV.  the  elder, 
their  father  and  next  friend.  Plaintiffs, 

and 
W.  H.,  since  deceased,  J.  D.  W.  and  W.  J.  Defendants. 
To  the  Right  Hon.  the  Master  of  t!ie  Rolls. 
The  humble  petition  of  W.   W.    tlie    elder.   Sec.  &:c.    above- 
named. 

Shewetk, 

That  J.  D.  late  of,  &c.  duly  made  and  published  his  last  will  and  tes- 
tament in  writing,  bearing  date  on  or  about  the  day  of  whereby, 
after  giving,  &c. 

That  the  said  Testator,  after  the  making  of  his  said  will,  duly  made  and 
published  a  codicil  thereto,  bearing,  date,  &c.  and  therei)y  gave  certain 
pecuniary  legacies  therein  mentiontd,  but  did  not,  by  such  codicil,  any 
otherwise  revoke  or  alter  his  said  will. 

That  the  said  Testator  departed  this  life  in  the  said,  Sec.  without  hav- 
ing revoked  or  altered  his  said  will,  except  as  before  mentioned  :  and  soon 
after  his  death,  the  said  executors  T.  D.,  S.  ().,  and  the  Defendant, 
\V.  H.  duly  proved  such  will  and  codicil  in  the  Pierogative  Court  of  the 
archbishop  of  C.  and  took  upon  themselves  the  executorship  thereof. 

That  in  pursuance  of  the  directions  of  the  said  will,  the  said  executors 
laid  out  ami  invested  the  clear  residue  or  surplus  of  the  said  Testator's 
personal  estate,  exclusive  of  his  said  share  in  such  copartnership,  in  the 
purchase  of  c£  Bank  3  per  cent.  &c.   which  sum  was  transferrefi 

into  their  own  names  in  the  books  of  the  Governor  and  Company  of  the 
Bank  of  England,  and  the  interest  or  dividends  arising  therefrom,  were 
duly  paid  according  to  the  directions  of  the  said  will  to  the  said  M.  W. 

That  the  capital  of  the  said  Testator,  which  v/as,  at  the  lime  of  his 
death,  employed  in  the  said  partnership  business,  continued  to  remain 
and  be  employed  in  such  business,  and  the  same  was  carried  on  for  the 
joint  benefit  of  the  sai<i  D.  D.  the  surviving  partner,  and  the  persons  in- 
terested under  the  said  will,  from  the  time  of  the  said  Testator's  death, 
until  the  death  of  the  said  D.  D. 


PETITIONS.  467 

That  the  said  D.  D.  departed  this  life  some  time  in,  Sec.  and  the  said 
partnership  connection  being  theieby  determined,  the  said  T.  D.,  S.  O., 
and  the  Defendant,  W.  H.,  as  executors  and  trustees  under  the  said  will, 
soon  afterwards  received  the  amount  of  the  said  Testator's  share  of  the 
capital  employed  in  the  said  partnership  business,  and  they  therefore  laid 
out,  and  invested  the  same  in  the  purchase  of  ihe  sum  of  ^^  3  per 

cent.  &c.  which  with  the  former  sum  of  =£  ,  arising  from  the  other 

residuary  estate  of  the  said  Testator,  made  together  the  sum  of  ci^ 
3  per  cent.  &c.  and  soon  afterwards  the  said  S.  O.  departed  this  life. 

That  the  said  T.  D.  and  W.  H.  after  the  death  of  the  said  S.  O.  their 
co-executor,  in  breach  of  their  trust,  sold  out  and  transferred  the  sum  of 
£  ,  part  of  the  sum  of  .£  for  the  purpose  of  employing  the 

produce  in  carrying  on  the  trade  or  business  of  salt-merchants,  in  a  part- 
nership which  had  been  agreed  upon  between  them  and  one  K.  T.  L. 

That  the  said  T.  D.  departed  this  life  some  time,  &o.  and  the  said 
T.  I),  and  W.  H.  did  not,  in  the  life-lime  of  the  said  T.  D.  replace  the 
said  £  trust  bank-annuities,  or  any  part  thereof,  but  continued  to  em- 
ploy the  same  for  some  time  after  the  death  of  the  said  T.  I),  and  the 
said  W.  II.  then  replaced  the  said  sum  of  £  ,3  per  cent.  Bank 

annuities,  and  procured  the  same,  together  with  the  residue  of  the  said 
£  ,  to  be  transferred  into  his  oun  name  in  the  books  of  the  Gover- 

nor and  Company  of  the  Dank  of  England. 

That  your  petitioners,  M.  G.,  R.  R.,  J.  W.,  E.  \V.,  &c.  &c.  being 
with  your  petitioner  J.  D.  W.  then  and  now  the  only  ciiiklren  of  the  said 
Testator's  said  daughter,  M.  W.  diti,  with  your  petitioner  W.  W.  the 
older,  and  the  said  "JNl.  W.  their  mother,  on  or  about,  &:c.  exhibit  their  bill 
in  this  honorable  Court,  against  the  said  W.  II.,  and  your  petitioner, 
.T.  D.  W.,  and  W.  J.,  who  are  the  personal  representatives  of  the  said 
T.  D.  stating  to  the  eflect  aforesaid,  and  praying,  &c. 

That  by  an  order  made  in  this  cause,  bearing  date  on  or,  Arc.  it  was 
ordered  with  the  consent  of  the  said  Defendants,  that  the  said  Defen- 
dant, \V.  H.  should  transfer  the  said  sum  of  ^*  ,3  per  cenj. 
standing  in  his  name,  as  aforesaid,  into  the  name  and  with  the  privity  of 
the  Accountant-General  of  tliis  Court,  in  trust  in  this  cause.  And  the 
said  Accountant-General  was  to  declare  the  trust  thereof  accordinglv. 
And  it  was  further  orderttd,  that  the  interest  which  should  accrue  on  the 
said  Bank  annuities,  when  so  transferred,  should,  from  time  to  time,  as 
the  same  should  become  due,  be  paid  to  the  said  jM.  W.,  the  daughter  of 
the  said  Testator,  for  her  sej»arate  use  dming  her  lile,  or  until  the  further 
order  of  this  Court.  And  for  tiiat  purpose,  the  said  Accountant-(iene- 
ral  was  to  draw  on  the  Bank  according  to  the  form  prescribed  by  the  act 
of  parliament,  and  the  general  rules  and  orders  of  tins  Court,  in  that  case 
made  and  f>rovided. 


468  FETITIU-NS. 

That  no  decree  hath  yet  been  made  in  the  sjiid  suit,  and  that  the  said 
M.  W.  the  daughter  of  the  said  Testator,  departed  this  life,  on  or,  Sec. 
having  in  pursuance  of  t'.ie  aforesaid  order,  received  the  interest  and 
dividends  of  the  said  sum  of  £         until  the  time  of  her  death. 

That  your  petitioners,  M.  G.,  R.  R.,  &c.  having  respectively  attained 
their  ages  of  tw  enty-one  years,  are,  as  they  are  advised,  entitled  each  to 
one  tenth  share  of  the  said  sum  of  £  ,  3  per  cent,  &c.  without 

prejudice  to  their  interests  in  liie  said  suit.  And  your  petitioners,  J.  W. 
E.  W.,  &c.  the  only  other  cliildren  of  the  said  JM.  W.  being  still  infants, 
your  petitioner  W.  W.,  the  elder,  is  entitled  to  have  the  interests  and 
dividends  of  their  respective  tenth  shares  of  the  said  sum  of  £  stock 

paid  to  your  said  petitioner,  for  their  respective  maintenance  and  educa- 
tion, until  tiiey  shall  severally  attain  their  ages  of  twenty-one  years. 

That  your  petitioner,  M.  G.  attained  her  age  of  twenty-one  years  on 
the,  &'c.  and  hath  survived  her  late  husband,  the  said  PlaintiiT,  Z.  G. 

That  your  petitioner,  R.  R.  attained  her  age  of  twenty-one  years,  on 
the,  &c.  a  short  time  previous  to  which  she  intermarried  with  your  peti- 
tioner, E.  R.,  and  that  no  settlement  of  the  interest  of  your  petitioner, 
R.  R.  in  the  said  sum  of  stock,  hath  been  made.  And  your  petitioner 
is  desirous  that  lier  one-tenth  share  of  tiie  said  stock  may  be  transferred 
to  your  petitioner,  E.  R. 

That  your  petitioner,  J.  D.  W.  attained  his  age  of  twenty-one  years  on 
or  about,  &c. 

Your  petitioners  therefore  humbly  pray  your  Honor  that  the  sum  of 
£  ,  being  one-tenth  part  or  share  of  the  said  sum  of  £  , 

3  per  cent.  &c.  may  be  transferred  to  your  petitioner,  M.  G.  and 
that  the  like  sum  of  £  may  be  transferred  to  your  petitioner, 

and  that  the  like  sum  of  £  may  be  transferred  to  your  peti- 

tioner, J.  D.  W.  And  that  your  said  petitioners  may  be  paid  one 
tenth  part  or  share  of  the  dividends  which  i^hall  accrue  due  on  the 
said  stock  previous  to  such  transfers.  And  that  your  petitioner, 
W.  W.,  the  elder,  may  from  time  to  time,  be  paid  the  dividends  of 
the  said  remaining  shares  of  the  said  sum  of  stock,  so  long  as  your 
other  petitioners  respectively  shall  continue  infants,  to  be  by  him 
applied  for  their  several  maintenance  and  education  ;  or  that  your 
petitioners  may  have  such  further  and  other  relief  as  the  nature  of  the 
case  may  appear  to  require,  and  to  your  Honor  shall  seem  meet. 
And  your  petitioners,  &c. 

Opinion. — There  must  be  affidavits  of  the  petitioners  being  the  only 
children  of  M.  W.  of  the  tiiree  petitioners  having  attained  tlie  ages  of 
twenty-one,  of  the  death  of  the  said  M.  W.,  of  the  death  of  the  said 


PETITIONS.  469 

Z.  G.  and  of  the  marriage  of  R.  R.,  and  that  the  petitioner,  W.  W. 
the  elder,  is  not  of  abihty  to  maintain  the  children,  and  R.  R.  must  be 
present  in  Court,  and  pray  that  the  stock  may  be  transferred  to  her  hus- 
band. The  suit  is  abated,  and  there  may  be  difficulties  made  about  the 
petition  ;  but  being  for  the  payment  of  money,  it  may  be  hazarded. 
The  Defendants  must  be  served  with  the  petition. 


Petition  by  Creditors  for  leave  to  come  in  and  prove  their 
Debts  after  the  Time  limited  by  the  Court  had  expired, 
stating  they  had  not  seen  the  Advertisements. 

Between  A.  T.  widow,  &c.  .         .         Plaintiff, 

and 
W.  H.,  &c.         .         .         .  Defendant. 

To  the  Right  Hon.  the  Master  of  the  Rolls. 
The  humble  petition  of  J.  K.,  C.  D.,  E.  F.,  and  G.  II. 

Shkweth, 

That  upon  the  hearing  of  this  cause  before  your  Honor,  on  or  about 
the,  &c.  it  was,  amongst  other  things,  ordered  and  decreed,  that  it  should 
be  referred,  &c.  (the  usual  decree  for  creditors  to  come  in  and  prove  their 
debts,  by  a  day  limited  by  the  advertisements.) 

That  the  said  Master  made  his  report,  bearing  date  the,  &:c.  which 
stands  absolutely  confirmed,  and  thereby,  amongst  other  things,  certified 
that,  &:c.  (being  the  amount  of  the  debts  which  had  been  proved.) 

That  all  the  debts  so  reported  due  by  the  said  ^Master,  together  with 
some  other  debts  which  have  since  been  claimed,  have  been  fully  paid 
and  satisfied,  and  there  now  remains  in  the  hands  of  the  Accountant-Ge- 
neral  of  this  honorable  Court,  the  sum  of  £  ,  being  the  residue  of 

the  said  sura  of  £  ,  directed  by  the  decree  to  be  applied  in  payment 

of  the  said  Testator's  debts. 

That,  at  the  death  of  the  said  Testator,  there  was  due  from  him  to  J.  J. 
of,  &c.  the  sum  of  £  for  board  and  lodging,  and,  on  his  acceptances 
of  two  bills  of  exchange,  and  such  debts  now  remain  wholly  due  and 
unsatisfied. 

That  the  said  J.  J.  hath  since  departed  this  life,  having  first  duly  made 
and  published  her  last  will  in  writing,  and  thereby  appointed  one  J.  C, 
since  deceased,  and  your  petitioner,  J.  H.,  the  executor  and  executrix 
thereof,  and  your  petitioner,  having  duly  proved  the  said  will  of  the  said 
•T.  J.  in  the  proper  Ecclesiastical  Court,  is  now  the  legal  personal  repre- 
sentative of  the  said  J.  J. 


470  PETUIONS. 

Tliat,  at  the  death  of  the  said  Testator,  there  was  aue  from  hiin  to 
vour  petitioner,  C.  D.,  of,  &c.  the  sum  of  £  ,  which  now  remains 

wholly  due  and  unsatisfied. 

Tliat,  at  the  death,  &c.  [state  each  preceding  creditor  in  the  same 
manver.) 

That  your  petitioners,  liaving  been  peverally  unapprised  of  the  said  ad- 
vertisements, published  by  the  Master  for  the  creditors  of  the  said  Testa- 
tor, to  come  in  before  him  and  prove  their  debts,  had  no  opportunity  to 
claim  the  same  before  the  said  Master  made  his  report. 

Your  petitioners  therefore  humbly  pray  that  they  may  severally  be  at 
liberty  to  come  in  before  the  said  Master,  and  prove  their  said  debts, 
and  that  they  may  be  paid  the  same  out  of  the  said  sum  of  £ 
now  in  the  hands  of  the  Accountant-Gcneral  of  this  Court,  in  trust 
in  this  cause,  your  petitioners  hereby  ofiering  to  contribute  to  the 
Plaintifl"  their  proportions  of  the  expenses  of  this  suit.  And  your 
petitioners  shall  ever  pray,  &:c. 

Opinion. — It  v.ill  be  necessary  for  the  petitioner  K.  to  prove  before 
the  Master,  the  fact  of  the  lodging  and  boarding  of  the  Testator  at 
the  house  of  Mrs.  .T.  by  the  affidavit  of  some  persons  who  can  speak  to 
it,  and  evidence  must  also  be  given,  as  to  the  non-payment  of  the  two 
bills  of  exchange. 

To  support  the  petition,  the  petitioners  must  join  in  an  affidavit  to  the 
eiTect  of  it. 


Petition  for  a  Ne  exeat  regno,  to  prevent  the  Husband 
from  going  beyond  Sea,  until  he  has  settled  Alimony  on 
his  Wife,  stating  an  appeal  to  the  High  Court  of  Dele- 
gates, and  Excommunication. 

That  on  or  about,  6^-c.  your  petitioner  intermarried  with  the  said  De- 
fendant C.  S.  and  that  having  been  treated  with  great  unkindness  and 
cruelty  by  the  said  C.  S.  she  was  compelled  in  the  year  to  institute 

a  suit  of  divorce  against  him,  for  cruelty  and  adultery  in  the  court  of  the 
dean  and  chaj)ter  of  Y. 

That  the  said  C.  S.  appeared  to  such  suit,  and  entered  a  protest  thereto, 
which  protest  was  afterwards  over-ruled,  and  the  proctor  of  the  said 
C.  S.  was  assigned  to  appear  absolutely  in  the  month  of 

That  the  said  C.  S.  appealed  from  such  sentence,  to  the  Consistory, 
Court  of  Y.  and  in  the  month  of  the  judge  of  that  court 

dismissed  the  said  C.  S.  therefrom,  and  your  petitioner  thereupon  ap- 


PETiTIO>ii=;.  471 

pealed  fiorn  sucli  last  monlioncd  sentence  to  the  iiigh  court  of  dele- 
gales. 

That  t!ie  said  appeal  of  your  ])etJfioner  came  on  to  he  heard  before  the 
high  court  of  delegates  in  the  month  of  ,  when  the  said 

court  was  pleased  to  assign  the  proctor  for  the  said  C.  S.  to  appear  abso- 
lutely, and  condemn  the  said  C.  S.  in  costs. 

That  the  costs  to  be  paid  by  the  said  C.  S.  in  pursuance  of  the  said 
sentence  of  the  said  court  of  delegates,  have  been  regularly  taxed  and 
settled  at  the  sum  of  ot  ,  and  that  a  monition  !)ath  been  granted 

under  the  seal  of  the  court  of  delegates,  to  compel  the  said  C.  S.  to  pay 
the  said  sum  to  your  [letitioner,  or  her  proclor,  with  which  monition  the 
said  C.  S.  hath  been  duly  served. 

That  since  tiie  said  decision  of  the  court  of  delegates,  your  petitioner 
hath  been,  and  now  is  proceeding  in  the  said  suit,  so  instituted  by  her  as 
aforesaid,  in  the  court  of  the  dean  and  chapter  of  Y.  tor  a  divorce  against 
the  said  C.  S.  for  cruelty  and  adultery,  and  hath  not  yet  obtained  any 
sentence  for  alimony  therein,  and  the  said  C.  S,  in  order  to  defeat  your 
petitioner  of  alimony  in  such  suit,  and  also  to  avoid  the  payment  of  the 
costs  id  which  he  was  condemned  in  the  court  of  delegates,  as  atbresaid, 
threatens  and  intends,  that  when  and  so  soon  as  he  shall  be  excommuni- 
cated, which  will  be  the  next  proceeding  to  enforce  his  obedience  to  the 
said  order  of  the  court  of  delegates,  he  will  make  over  his  property  to  his 
son,  and  quit  the  kingdom,  and  the  said  C.  S.  declares,  that  your  peti- 
tioner shall  never  have  any  thing  which  he  can  dei)rive  her  of. 

That  your  petitioner  hath  by  the  said  her  next  friend,  filed 

her  bill  in  this  honorable  Court,  against  the  said  C.  S.  stating  the  matters 
aforesaid,  as  by  the  certificate  of  the  six-clerk  will  appear. 

Your  petitioner  therefore  most  humbly  prays  your  Lordship,  that  a 
writ  of  ne  exeat  regno  may  be  awarded  against  the  said  C.  S.  or, 
that  your  petitioner  may  have  such  further  and  other  relief  in  the 
premises,  as  the  nature  of  the  case  may  appear  to  require,  and  your 
Lordship  shall  seem  meet.  And  your  petitioner  shall  ever  pray,  &c. 


Petition  to  be  discharged  from  the  Fleet. 

(State  a  former  petition  bi;  the  memoe,:",  of  a  club  to  have  ainch  trans- 
ferred into  the  sold  name  of  their  trustee,  as  far  us  is  necessary. 

That  by  an  order  made  in  pursuance  of  the  said  petition,  bearing  date. 
Sir.  it  was  ordered,  that,  &c.  (stats  order.) 

That  your  petitioner  having  neglected  to  comply  with  the  aforesaid 
»i-der,  it  was,  by  another  order,  bearing  ilalc.  &r.  (.<;fcitc  it.) 


472  PETITIONS. 

That  your  petitioner  not  being  able  to  transfer  the  said  several  sums  of 
stock,  and  pay  the  dividends  due  thereon  within  the  time  limited  by  the 
said  last-mentioned  order,  was,  on  or  about,  &c.  committed  to  his  ma- 
jesty's prison  of  the  Fleet,  and  now  remains  there. 

That  your  petitioner  liath  since  transferred  the  said  two  several  sums 
of  £  into  the  name  of  the  said  L.  F.  alone,  and  hath  also  paid 

the  dividends  due  on  the  said  respective  annuities  to  the  said  L.  F.  in  trust 
for  the  benefit  of  the  said  society',  in  obedience  to  the  order  aforesaid, 
and  the  said  (being  the  former  petitioners)  on  behalf  of  themselves,  and 
the  rest  of  the  members  of  the  said  society  do  consent  to  your  petitioners 
discharge. 

Your  petitioners  therefore  humi>ly  pray  your  Honor,  that  he  may  be 
discharged  out  of  the '■ustody  of  the  warden  of  the  Fleet,  paying  his 
fees.     And  your,  &c. 

Opinion. — I  rather  think,  that  if  the  clerk  in  court  for  the  former 
petitioners,  signed  at  the  bottom  of  this  petition,  a  memorandum  of  con- 
sent to  the  discharge  of  Mr.  N.  that  the  Master  of  the  Rolls  will  make 
an  order,  as  of  course,  for  his  discharge,  without  any  hearing  of  the  peti- 
tion. 


Petition  of  Appeal. 

The  humble  petition   and  appeal  of  B.  S.,  R.  P.  and  R.  K., 
esq.  and  J.  C.  clerk,  the  above  named  Plaintiff'. 

Sheweth, 

That  your  petitioners  exhibited  their  bill  of  complaint,  in  or  as   of 
term         ,  against  the  above-named  Defendants  M.  P.  widow, 
H.  L.,  J.   L.,  &c.   stating  as  is  therein  mentioned,    and  thereby  pray- 
ing, that,  &c.  [set  out  prayer.)  (Petitioners  may  be  declared  entitled  to 
the  sum  of  £  ,  referred  to  the  blaster,  to  compute  interest  on 

£  accountant-general  may  pay  said  sum  of  £  in  i)art 

satisfaction  of  account,  may  be  declared  entitled  to  the  sum  of  £ 
&c.) 

That  the  Defendant  J.  B.  as  the  personal  representative  of  the  said 
T.  B.  and  the  Defendants  J.  L.  &;c.  as  the  representatives  of  the  said 
P.  W.  by  their  answers  to  the  said  bill,  resisted  the  right  of  your  peti- 
tioners to  be  paid  the  said  £  or  any  part  thereof,  by  them  the 
said  Defendants,  out  of  the  estates  of  the  said  T.  B.  and  P.  W.  re- 
spectively. 


PETITIONS.  473 

That  the  said  cause  came  on  to  be  heard  before  the  right  honorable 
the  Master  of  the  Rolls,  on  the,  &c.  when  his  Honor  was  pleased  to  order, 
among  other  things,  that  your  petitioner's  bill,  as  against  the  said  Defen- 
dants J.  B.,  &c.  should  stand  dismissed  out  of  this  Court,  without  costs, 
and  the  decree  has  been  duly  passed  and  entered. 

That  your  petitioners  apprehend  they  are  aggrieved  by  the  said  decree, 
for  that  his  Honor  hath  dismissed  their  bill  as  aforesaid,  against  the  said 
J.  B.,  &c.  whereas  your  petitioners  are  advised  and  submit,  that  the  said 
bill  ought  not  to  have  been  so  dismissed,  but  that,  according  to  the  case 
made  by  your  petitioners  at  the  hearing  of  the  said  cause,  your  petitioners 
ought  to  have  been  declared  by  the  said  decree,  to  be  entitled  to  the 
relief  sought  by  their  bill  against  the  said  Defendants  J.  B.,  &c.  respec- 
tively. 

Your  petitioners  therefore  appeal  from  the  said  decree  to  your  Lo'-d- 
ship,  and  humbly  pray  of  your  Lordship,  that  so  much  of  the  said 
decree  as  directs  that  your  petitioners'  bill,  as  against  the  said  De- 
fendants J.  B.,  &■€.  be  dismissed,  may  be  reserved,  and  that  your 
petitioners  may  be  declared  to  be  entitled  to  reli<^f  against  the  said 
Defendants  J.  B.,  &c.  in  the  manner  sought  by  their  said  bill,  or 
that  your  Lordship  will  make  such  further  or  other  order  touching 
the  premises,  as  shall  be  right. 

The  ccrtrftcaie  of  the  tico  counsrL 

We  humbly  conceive  it  to  be  fit, 
that  the  said  cause  should  be 
reheard  before  your  f-ordship. 

A.  B.,  r.  F 


61 


474 


SECT.  II.-— INTERROGATORIES. 


THE  mode  of  examining  witnesses  in  equity,  is  by 
written  interrogatories  exhibited  by  the  party,  Plaintiff' 
or  Defendant,  or  directed  by  the  court  to  be  proposed 
to,  and  asked  of,  the  witnesses  in  a  cause  touching  tlic 
merits  thereof,  or  some  incident  therein.  Also  interroga- 
tories may  be  necessary  touching  contempts  of  writs,  pro- 
cesses, and  orders  of  court,  whereupon  the  party  offending 
is  to  be  examined  concerning  such  contempt,  &,c. 

Little  can  be  said  upon  this  branch  of  pleading,  which  is 
not  to  be  found  in  every  book  of  practice.  And  as  little 
can  be  said  of  the  frame  and  form  by  which  they  are  to  be 
drawn,  except  that  all  interrogatories  must  be  short  and  per- 
tinent, and  necessarily  to  the  point.  They  must  not  be  lead- 
ing, as,"  did  you  not  do,  or  see  such  a  thing?  ^t."  if  they 
are  such,  the  deposition  taken  thereon  will  be  suppressed : 
and  so  it  is,  where  the  interrogatories  arc  too  particular,  or 
point  to  one  side  of  the  question  more  than  the  other. 

The  interrogatories  w^hich  follow,  will  be  found  quite 
sufficient  for  the  Chancery  draftsman,  and  the  best  way  for 
him  to  gain  an  ease  in  forming  them,  will  be  by  an  attentive 
perusal  of  these  which  arc  proffered  to  his  notice. 


INTERROGATORIES. 


475 


To  prove  Goods  sold  and  delivered,  and  Money  lent 

Interrogatories  to  be  administered  to  witnesses  Xo 
be  produced,  sworn,  and  examined,  in  a  certain 
cause  now  pending,  and  at  issue,  in  his  Majesty's 
High  Court  of  Chancery  at  W.  wherein  H.  H. 
J.  A.  and  J.  S.  are  Complainants,  and  J.  S.  and 
R.  P.  are  Defendants. 

On  the  part  and  behalf  of  the  said  Complainants. 

Inquiry  as  to  ]  st  Interrogatory.  Do  you  know  the  parties  Com- 
the  knowkdgc  plainants  and  Defendants,  in  the  title  of  these  interroga- 
of  parties.  tories  named,  or  any,  and  which  of  them,  and  how  long 

have  you  known  them,  or  any,  and  which  of  them  re- 
spectively ?  Declare  the  trutii  of  the  several  matters  by 
this  interrogatory  inquired  after,   according  to  the  best 
of  your  knowledge,  remembrance,  and  belief. 
As  to  goods  2d.  Do  you  know  of  any  goods  having  been  at  aay 

f^old  and  deli-      time,  previous  to  the  month  of  ,  sold  or  delivered, 

vered.  by  the  said  Complainant  H.  H.  or  by  the  said  Com- 

plainant J.  A.  to  the  said  Defendant  R.  P.  ?  If  yea, 
set  forth  what  goods  were  so  sold  and  delivered  by  the 
said  Complainants  II.  H.  and  J.  A.,  or  either  and  which 
of  them  to  the  said  R.  P.  and  what  was  the  value 
thereof,  and  at  what  time  or  times  in  particular  the 
same  were  delivered  to  the  said  R.  P.  and  how  and  by 
what  means  in  particular  you  arc  acquainted  with  the 
several  matters  aforesaid.  Declare,  &:c. 
As  to  money  3d.  Do  you  know  of  any  money  having  been  at  any 

adoanced  a7id      time  previous  to  the  month  of  ,  lent  or  ad- 

tcnt,  vanced  b^'  the  said  Complainant  II.  H.  or  by  the  said 

Complainant  J.  S.  to  the  said  Defendant  R.  P.  ?  If  yea, 
set  tbrth  what  sums  of  money  respectively  were  so  lent 
and  advanced  by  the  said  Complainants  II.  H.  and  J.  S. 
or  either,  and  which  of  them,  to  the  said  R.  P.  and  at 
what  time  or  times  in  particular,  the  same  and  each  of 
them  were  so  lent  and  advanced,  and  how  and  b)'  what 
means  in  particular  are  you  acquainted  with  the  several 
matters  aforesaid.     Declare,  Sec. 

Lastly.  Do  you  know  of  any  other  matter  or  thing 
that  may  tend  to  the  benefit  and  advantage  of  the  Com- 
plainant in  this  cause.?    If  yea,  declare  the  same   as 


47G 


INTERROGATORIES. 


fully  as  if  you  had  been  thereunto  particularly  inter- 
rogated. 


Observation. — The  thle  of  the  interrogatories  must  be  prefixed  at  the 
top  of  the  sheet  as  above :  the  first  interrogatory  generally  contains  an 
inquiry  of  the  witness,  if  he  knows  the  parties  in  the  cause,  and  it  is  usual 
to  add  a  concluding  interrogatory,  if  the  witness  knows  any  thing  which 
may  tend  to  the  benefit  of  the  party,  for  whom  he  is  examined. 


Interrogatories  to  prove  Books  of  Account. 

Interrogatories  exhibited  before,  &c.  (the  usual  title 
before  a  master.) 

THE    CASE. 

G.  G.  the  late  husband  of  Plaintiflf,  was  agent  to 
D.  Defendant's  husband  in  L.  and  as  D.  made 
remittances  to  G.  who  paid  money  for  D.  in  the 
capacity  of  agent,  an  account  was  opened  be- 
tween them.  G.  died.  The  person  to  whom 
these  interrogatories  were  administered,  was  em- 
ployed after  G.'s  death,  to  settle  the  accounts 
between  him  and  D.,  afterwards  D.  died.  The 
Plaintiff  brought  her  bill,  praying  an  account,  and 
alleging,  that  a  sum  of  money  remained  due  to 
her  from  the  estate  of  D. 

1st.  [Knowledge  of  the  parties.] 

2d.  AVere  you  or  not,  ever,  and  when,  employed  by 
any,  and  what  person  or  persons,  and  whom  by  name, 
to  make  out  any  account  of  dealings  and  transactions 
between  the  said  G.  G.  and  T.  D.  in  their  respective 
life-times  ?  And  if  yea,  when  did  you  receive  from 
the  Plaintiff  any  books,  papers,  or  writings,  for  such 
purpose,  and  particularly,  whether  or  not  any  and 
what  books  or  book  which  were,  or  was,  or  appear- 
ed to  have  been  kept  by,  or  for  the  said  G.  G.  in 
his  life-time,  for  the  purpose  of  making  entries  of  any 
and  what  kind,  relating  to  dealings  between  him  and 
the  said  T,  D.  ?  Look  upon  the  books  produced,  &c. 
Were,  or  was  the  same,  or  either,  and  which  of  them, 
ever,  and  when,  delivered  unto  you,  by,  or  on  behalf  of 


INTERROGATORIES.  477 

the  PJaintifT,  for  such  purpose,  or  on  such  Occasion, 
or  for  what  other  purpose,  or  on  what  other  occasion, 
and  what  do  the  same  respectively  purport  to  be  ?  De- 
clare, ^c. 

36.  Did  you  or  not  ever,  and  when,  or  about  what 
time,  in  any,  and  what  manner,  apply  to  the  said  T,  D. 
to  deliver  or  send  up  to  you,  or  furnish  you  with  any 
books  or  book  of  account,  papers  or  paper,  matters  or 
things,  for  or  towards  enabling  you  to  make  out,  or 
assisting  you  to  make  out  the  account  of  dealings  and 
transactions  between  the  said  G;  G.  and  T.  D.  and  did 
not  the  said  T.  D.  ever,  and  when,  or  in  what  manner, 
deliver,  or  send  unto  you,  any,  and  what  books  or  book 
of  account,  papers,  or  writings,  for  such  purpose,  or  in 
consequence  of  ?uch  application  ?  Look  on  the  books, 
papers,  and  wrilings,  <Sjc.  were,  or  was  the  same,  or 
any,  or  either,  and  which  of  them,  delivered  or  gent  unlo 
you  by  the  said  T.  D.  on  such  occasion,  or  for  such 
purposes,  and  what  do  the  same  produced  books,  pa- 
pers, and  writings,  respectively  purport  to  be  r  De- 
clare, Sec. 

4th.  Did  you  not  ever,  and  when,  draw  out  any  ac- 
count in  writing,  of  or  concerning  dealings  or  transac- 
tions of  all,  or  any,  and  what  kind,  which  were  had,  or 
possessed  between  the  said  G.  G.  and  T.  D.  for  any, 
and  how  long  time  or  times,  and  from  and  to  what 
times  did  you  not,  previous  to,  or  in  order  to  the  draw- 
ing out  such  account,  carefully,  or  otherwise,  and  how, 
examine,  inspect,  or  peruse,  all,  or  any,  and  which  of 
the  books,  papers,  or  writings,  which  were  delivered  or 
sent  unto  you,  for  snich  purpose,  by,  or  on  behalf  of 
the  Plaintiff,  and  the  said  T.  D.  respectively,  or  by, 
or  on  behalf  of  either,  and  which  of  them  ?  Look  upon 
the  books  or  writings,  &c.  Are,  or  is,  the  same,  or  not, 
the  accounts  which,  if  any,  was  so  drawn  out  by  you, 
or  a  true  copy  thereof?  Doth  the  said  book  or  paper, 
marked,  &c.  contain  a  just  and  true  account  of  all  deal- 
ings and  transactions  between  the  said  G.  G.  and  T.  D. 
for  the  time  for  which  the  same  appears  to  be  an  ac- 
count, or  are  there  any,  and  what,  errors,  omissions,  or 
false  charges  therein,  and  for  what  reason,  point  all  sucii 
errors,  omissions,  and  false  charges,  and  how  the  same 
happened  therein  ?  Declare,  Sic. 


478  INTERROGATORIES. 


5th.  Whether  or  no,  was  a  copy  of  the  account 
which,  if  any,  was  drawn  out  by  you,  as  is  inquired 
after  in  the  fourth  interrogatory,  at,  or  about  any,  and 
what  time,  delivered  or  sent,  and  by  whom,  unto  the 
said  T.  D.  ?  Was  the  same  or  not,  a  true  copy  of  the 
said  book  or  writing,  &rc.  or  did  the  copy,  which,  if  any 
was  so  sent  or  deUvered,  in  any,  and  what  respect,  differ 
or  vary  from  the  said  produced  books  or  writings  marked 
&c.  ?    Declare,  &c. 

6th.  Whether  or  not,  were  any  meetings  had,  and 
how  many  in  number,  between  you  and  the  said  T.  D. 
for,  or  in  order  to  the  settling,  examining,  or  consider- 
ing of  tlie  said  accountSj  which,  if  any,  were  drawn  out 
by  you,  as  is  inquired  after  in  the  fourth  interrogatory  ? 
It'  yea,  when,  or  about  what  time,  and  where  were  such 
jueetings  had,  and  how  long  were  you  and  he  together 
at  each  of  such  limes  ?  Did,  or  not,  the  said  T.  D.  at  all, 
or  any,  and  which  of  such  meetings,  with  any,  and  what 
degree  of  care,  or  attention,  or  otherwise,  and  how, 
examine  the  whole,  or  any,  and  what  part  of  such  ac- 
counts, and  all,  or  an}-,  and  which  of  the  articles  there- 
in ;  and  v.ere  or  not  any,  and  what  books,  j)apers,  or 
writings,  inspected  or  examined  by  him  and  you,  or 
one,  and  which  of  you,  at  such  meetings,  or  either,  and 
which  of  them  ?  Set  forth  what  passed  between  you 
and  the  said  T.  D.  at  such  meeting,  touching  the  set- 
tling, or  adjusting,  inspecting,  or  examining  of  the  said 
accounts,  or  in  any  manner  relating  to  the  several  items 
or  rharges  therein  ;  and  how  the  said  T.  D.  at  such  re- 
spective meetings,  expressed  himself  relating  thereto. 
Did,  or  did  not  the  said  T.  D.  at  any,  and  which  of  such 
meetings,  or  at  any,  and  what  other  time,  in  any,  and 
what  manner,  acknowledge  or  allow  the  said  account, 
or  any,  and  what  particulars  thereof  to  be  just  and  true; 
and  did  he  not  finally  make  any,  and  what  objections 
thereto,  or  to  any,  and  what  articles,  matters,  or  things 
in  his  favor,  and  to  what  amount  ? 

7th.  Whether  or  no  did  you  at  any,  and  which  of 
the  meetings  between  you  and  the  said  T.  D.  which 
are  inquired  after  in  tlie  sixth  interrogatory,  produce, 
or  shew  unto  the  said  T.  D.  all,  or  any,  and  which  of 
r^e  said  acknowledgments,  or  writings,  to  which  his 
name  appears  to  be  subscribed,  and  which  are  written, 


INTERROGATORIES.  479 

or  contained  respectively  in  tiie  lolio  of  the  said 

produced  book,  marked  ?  Did,  or  not  the  said  T.  D. 
ever,  and  when,  and  on  what  occasion,  and  in  what  man- 
ner say,  or  declare  any  thing,  and  what,  unto  you,  or 
unto  any,  and  what  person  or  persons  in  your  hearing  or 
presence,  purporting,  that  he  had,  or  had  not  signed  all, 
or  any,  and  which  of  such  acknowledgments  or  writ- 
ings ;  or  that  his  name  subscribed  thereto,  or  to  any,  or 
either,  and  which  of  them  was  of  his  own  hand-writing, 
or  to  such,  or  the  like  eftect  >  Set  forth  liow  he  at  such 
time  or  times,  expressed  or  declared  himself  relating 
thereto.    Declare,  Sec. 

8th.  Whether  or  no  did  the  said  G.  G.  in  the  course 
of  the  dealings  and  transactions  between  him  and  the 
said  T.  D.  frequently,  or  how  often,  for  any,  and  how 
long  time,  receive  from  the  said  T.  D.  drafts  or  bills 
of  exchange  for  money,  and  to  what  amount  yearly,  for 
the  purpose  of  the  said  G.  G.  receiving  the  money 
payable  thereby,  or  for  what  other  purpose?  And  whe- 
ther, or  not,  also  for  the  purpose  of  the  said  G.'s  paying 
all  or  part  of  the  money,  so  received,  to  any  other  per- 
son or  persons  on  account  of  the  said  T.  D. ;  did  it  or 
not  appear  to  you,  on  drawing  out  the  accounts  between 
the  said  G.  G.  and  T.  D.  that  it  was  reasonable  that 
any,  and  what  sum  of  money  should  be  allowed  by  the 
said  T.  D.  and  on  what  ground,  unto  the  said  G.  G. 
or  his  representatives,  or  estate,  as,  or  by  way  of  com- 
mission of  receiving  the  money,  on,  or  by  virtue  of 
such  bills  or  drafts,  was,  or  were  not,  any,  and  what 
sums  of  money,  charged  in  the  accounts  drawn  out  by 
you  as  aforesaid,  for  such  commission,  and  whether, 
or  not,  for  postage  of  letters  ?  Had  you  not,  ever,  and 
when,  any  discourse  or  conversation  with  the  said 
T.  D.,  with  regard  to  his  making  any,  and  what  al- 
Jowance  to  the  estate  or  representative  of  the  said 
G.  G.  for  such  connnission  and  jx)stage  of  letters  or 
on  either,  and  which  of  sucji  accounts  ?  If  yea,  what 
answer  did  the  said  T.  D.  make,  or  how  did  he  express 
or  declare  himself  relating  to  such  matters  or  things, 
or  either,  and  which  of  tliem  ?  Dedar'^.  (S'r. 
Lastly. 


480 


INTERROGATORIES. 


Interrogatories  to  prove  an  Agreement. 
Til  Chancery. 

Interrogatories    to    be   administered    to   wit-^ 
nesses,  &c.  wherein  I.  D.  is  Complainant., 
and 
1.  D.  and  T.  R.  C.  are  Defendants. 


On  the 

To  prove  a- 
greement  hy 
subscribing- 
7cif7iess,  if  not 
by  some  person 
who  knows  D.-s 
hand-writing. 


To  prove  the 
letter,  daled,S{c. 
by  the  same  tcit- 
ness  who  is  ex- 
amined on  the 
2fZ  interroga- 
tory. 


To  prove  offer 
of  money  to  De- 
fendant D.,  by 
the  examination 
of  Mr.  E. 


part  and  behalf  of  the  Complainant  as  follows  : 

1st.     [Knowledge  of  parties.] 

2d.  Look  upon  the  paper-writing,  now  produced  and 
shewn  to  you,  at  this  the  time  of  your  examination, 
marked  with  the  letter  A.  Whether  or  no  are  you  by 
any,  and  what  means  acquainted  with  the  character  and 
manner  of  hand-writing  of  the  Defendant  I.  D.  ?  And 
whether  or  no  is  the  name  I.  D.,  appearing  to  be  set 
and  subscribed  to  the  said  produced  paper-writing,  of 
the  proper  hand-writing  of  the  said  Defendant  I.  D., 
as  you  know  or  believe  ?    Declare,  &c. 

3d.  Look  upon  the  letter,  or  paper-writing,  now  pro- 
duced and  shewn  to  you,  at  this  th^time  of  your  exami- 
nation, marked  with  the  letter  B,  and  the  supei^scrip- 
tion  or  direction  thereof.  Whether  or  no  are  you  by 
any,  and  what  means  acquainted  with  the  character  and 
manner  of  hand-writing  of  the  said  Defendant  L  D.  ': 
And  whether  or  no  is  the  body  of  the  said  letter,  or 
paper-writing,  and  the  name  L  D.,  appv':aring  to  be  set 
and  subscribed  thereto,  and  the  superscription  or  di- 
rection of  the  said  letter,  or  either,  and  which  of  thejn 
of  the  proper  hand-writing  of  the  said  Defendant  L  D., 
as  you  know  or  believe  ?  Declare,  &c. 

4th.  Whether  or  no  was  you,  at  any  time  in  the 
year  ,  and  when,  and  where,  present  with  the  said 
Complainant  and  the  said  Defendant  L  D.  when  any 
conversation  passed  between  them  respecting  the  public- 
house  called  the  ,  at  E.,  in  the  occupation  of 
the  said  Complainant,  and  any  agreeinent  relating 
thereto  ?  If  yea,  set  forth  the  particulars  of  such  con- 
versation, and  what  was  said  therein  by  the  said  par- 
ties respectively,  and  whether  tlie  said  Complainant 
then  offered  to  pay  any,  and  what  sum  of  money  tn 
the  said  Defendant  I.  D.  ?  Set  forth,  &c. 


INTERROGATORIES. 


481 


cliase  as  to  their 
Jcnowledge  of 
Plaintiff's 
agreement. 


To  examine  the  5th.  Whether  or  no  did  you,  at  any  time,  and  when, 
solicitors  of  De-  treat  with,  or  enter  into  any  agreement  with  the  said 
fendant  R.  C,     Defendant  I.  D.  for  the  sale  by  him  of  the  pubh'c- 

leho  contracted  house  at  E,,  in  the  pleadings  of  this  cause  mentioned, 
for  the  pur-  to  the  Defendant  T.  R.  C.  ?  If  yea,  when,  and  by 
whom,  were  you  employed  to  enter  into  such  treaty 
and  agreement,  and  when,  and  from  whom,  respective- 
ly, did  you  receive  all  and  every  your  instructions  or 
directions  as  to  such  treaty  or  agreement  ?  And  in 
particular  did  you  ever,  and  when,  receive  any  instruc- 
tions or  directions  respecting  such  agreement  from 
D.  W.  and  W.  H.,  the  partners  of  the  said  Defendant 
T.  R.  C,  or  either,  and  which  of  them  ?  And  whether, 
or  no,  pending  such  treaty,  or  after  the  said  agreement 
was  concluded,  and  before  the  purchase-money  was 
paid  by  the  said  Defendant  T.  R.  C,  pursuant  to  such 
agreement,  did  you  know,  or  believe,  or  had  you  any  in- 
timation that  the  agreement,  in  the  pleadings  in  this  cause 
set  forth,  *or  any  agreement  had  been  entered  into  be^ 
tween  the  said  Complainant  and  the  said  Defendant  I.  D., 
as  to  the  sale  of  the  said  public-house,  called  the  , 
by  the  said  I.  D.  to  the  said  Complainant ;  and  when, 
and  from  whom,  and  upon  what  grounds  did  you  know 
or  believe  the  same,  or  when,  and  from  whom,  did  you 
receive  such  intimation  ?  And  did  you,  at  any  time,  and 
when,  before  the  said  agreement  was  concluded,  or 
before  the  said  purchase-money  was  paid  by  the  said 
Defendant  T.  R.  C,  inform  the  said  Defendant  of  sucli 
your  knowledge  or  belief,  or  of  such  intimation,  and  if 
not,  why  ?     Set  forth,  &c. 

6th.  Whether  or  no  did  your  ever  and  when,  treat  or 
agree  with  the  Defendant  I.  D.  for  the  sale  by  him  of 
the  public-house  at  E.,  in  the  pleadings  of  this 

cause  mentioned,  to  the  Defendant  T.  R.  C,  or  em- 
ploy any  person  or  persons,  and  whom  in  any  such  treaty 
or  agreement;  or  did  you  ever,  and  when,  and  to  whom, 
give  an}'^,  and  what,  instructions  or  directions  as  to 
such  treaty  or  agreement.^  And  wlietlier  or  no  did  you 
rest,  are  very  so  treat  or  agree  with  the  said  Defendant  I.  D.,  or  so 
strictly  drawn,  employ  such  person  or  persons  in  such  treaty  or  agree- 
beinfr  unwilling  nient,  or  give  such  instructions  or  directions  as  to  such 
icitnesscs.']  treaty  or  agreement  by  the  previous  authority  of  the 

said  T.  R.  C,  or  with  his  privity  or  approbation  ;  or 
62 


Tfl  examine  the 
partners  of 
T.  R.  C,  and 
jjrove  agency 
iefween  them. 

[This  inter rd- 
gatory  and  the 


482 


INTERROGATORIES. 


tlid  he,  after  you  had  so  treated  or  agreed,  or  so  em- 
ployed such  person  or  persons,  or  given  such  directions 
or  instructions,  know  and  approve  of  the  same,  or  how 
otherwise  ?  And  whether  or  no  pending  the  treaty  with 
the  said  Defendant  I.  D.  for  the  sale  of  the  said  public- 
house  to  the  said  Defendant  T.  R.  C,  or  after  the 
agreement  for  such  sale  was  concluded,  and  before  tiie 
purchase-money  was  paid  by  the  said  T.  K.  C,  pur- 
suant to  such  agreement,  &c.  ?  (as  the  concluding  part 
of  the  former  interrogatory.^  Set  forth,  &c. 
'to  jyrcme  a  7th.  Whether  or  no  did  you,  on  any  day,  and  when 

conversation  in  particular,  in  or  about  the  month  of  , 

hettceen  Plain-  dine  in  company  with  the  said  Complainant  at  the  pub- 
tiff  and  one  of  lie-house  at  B.  ?  And  whether  or  no  did  the  said 
the  partners  of  Complainant  then  say  to  you,  or  to  any  other  person. 
Defendant  and  whom   in  your  presence  or  hearing,  that  lie  had 

T.  R.  C.  made  any  agreement  for  the  purchase  of  the  public- 

house,  called  the  ,  at  E.,  in  which  he  lived,  or 

to  any  such,  and  what,  clifiect  ?  And  whetber  or  no 
was  the  agreement  between  the  Defendants  I.  D.  and 
T.  R.  C.  as  to  the  sale  of  the  said  house  then  con- 
cluded, or  had  the  said  T.  R.  C.  then  paid  his  pur- 
chase-money for  the  said  house  to  the  said  I.  D.  as  you 
know  or  believe  ?  And  whether  or  no  did  you  men- 
tion, or  give  any  inlimalion  to  the  said  T.  R.  C.  of 
■what  the  said  Complainant  had  then  said,  before  the 
said  agreement  was  concluded  between  the  said  De- 
fendants I.  D.  and  T.  R.  C.  or  before  the  said  pur- 
chase-money was  paid  by  the  said  T.  R.  C,  and  if 
not,  why  ?  Set  forth,  &c. 
For  the  exa-  8th.  Whether  or  no  did  you  ever,  and  when,  an<l  how 
mination  of  the  often,  and  at  what  particular  times,  in  or  about  the 
same   partners     month  of  ,  and  whether  alone,  or  in  c«jm- 

as  to  their  hor-  pany  with  any  other  person,  and  whom,  call  at  the 
rowing  the  house  of  the  said  Complainant,  and  ask  to  look  at  the 

Plaintiff's  agreement  which  he  had  entered  into  for  the  purchase 

agreement  and  of  his  house,  or  to  any  such,  and  what  effect  ?  Or  have 
the  conversation  you  had  any  other,  and  what  conversation  with  the  said 
that  passed  Complainant  respecting   any    such    agreement  ?    And 

thereon.  whether  or  no  did  you,  or  any  other  person,  and  whom, 

in  your  presence,  at  any  and  which  of  such  times,  see  the 
said  agreement  ?  And  whether  or  no  did  you,  or  any 
other  person,  and  whom,  in  your  presence,  at  any,  and 


INTERROGATORIES.  483 

which  of  such  times,  desire  to  take  the  said  agreement 
away,  and  allege  any,  and  what  reason  for  so  doing, 
or  actually  take  the  said  agreement  away,  and  allege 
any,  and  what  reason  for  so  doing  ?  And  for  how  long 
did  you,  or  such  other  person,  keep  such  agreement, 
and  for  what  reason  ?  And  when  did  you,  or  such  other 
person,  return  the  same  to  the  said  Complainant  ?  And 
whether  or  no  did  you,  or  such  other  person,  when 
the  said  agreement  was  so  returned  to  the  said  Com- 
plainant, make  any,  and  what  declaration  as  to  the 
value  that  the  said  agreement  would  be  of  to  the  said 
Complainant,  if  he  knew  how  to  use  the  same,  or  to 
any  such,  or  any  other,  and  what  effect  ?  And  whether 
or  no,  when  you  first  called  at  the  house  of  the  said 
Complainant  as  aforesaid,  and  had  any  conversation 
with  the  said  Complainant  respecting  any  such  agree- 
ment as  aforesaid,  or  when  you,  or  such  other  person, 
took  away  such  agreement  as  aforesaid,  had  the  treaty 
for  the  purchase  of  the  said  public-house,  called  the 
,  by  the  said  Defendant  T.  R.  C.  been  entered 
into  with  the  said  Defendant  I.  D.  ?  Or  if  entered  into 
had  the  same  been  concluded,  or  if  concluded,  had  the 
purchase  money  for  the  said  house  been  paid  by  the  said 
T.  R.  C,  as  you  know  or  believe  ?  Set  forth  the  par- 
ticulars at  large  according  to  the  best  of  your  know- 
ledge, remembrance,  and  belief,  and  the  truth  declare, 
[Last  and  usual  interrogatory.] 


Inteiwgaiories  to  prove  the  Sale  of  an  Estate  by  Auction, 
v:hich  was  purchased  by  an  Agent. 

In  Chancery. 

Between  W.  -         -         Plaintiff, 

and 
J.         -         -  Defendant. 

interrogatories  to  be  administered,  &c. 

1st.  [Knowledge  of  Parties.] 

2d.  Whether  or  no  were  you  employed,  on,  &c.  as 
auctioneer,   at  the  sale  of  a  certain   copyhold   estate 


484  INTERROGATORIES. 


which  had  belongoJ  to  the  late  S.  C,  late  of,  &c.  inn- 
holder  ?  If  yea,  in  how  many  lots  was  the  estate  sold, 
and  who  was  the  purchaser  at  such  sale  of  lots 
and  ,  and  at  what  prices  ?  Look  upon  the  printed 

paper,  now,  &c.  marked  with  the  letter  M.  Whether 
or  no  is  the  same  one  of  the  copies  of  the  particular 
and  condition  of  the  said  sale ;  and  were  the  said 
lots  and  purchased  subject  to  such  particular 

and  condition  ?  And  if  yea,  what  was  the  amount  of 
half  the  auction  duty  on  the  said  lots  and  ;  and 
what  was  the  appraised  value  of  the  fixtures  which 
were  to  be  taken  by  the  purchaser  of  lot  ,  and  at 

what  sum  was  the  timber  on  lot  valued  ?  Set 

forth,  &c, 

Sd.  Whether  or  no  were  you,  at  any  time  or  times, 
and  when  after,  &c.  present  at  any  conversation  or  con- 
versations between  the  said  Complainant  and  the  said 
Defendant,  as  to  whom  the  said  Complainant  was  to 
consider  as  the  purchaser  of  lots  and  ,  part  of 

the  estate  of  the  late  S.  C,  being  the  premises  in  the 
pleadings  in  this  cause  mentioned  ?  If  yea,  set  forth  all 
and  every  the  particulars  of  such  conversation  or  con- 
versations, and  what  was  said  therein  both  by  the  said 
Complainant  and  the  said  Defendant  respectively  ;  and 
when,  and  where,  and  in  whose  presence  and  hearing, 
and  upon  what  occasion  or  occasions,  all  and  every 
such  conversation  or  conversations  took  place  ?  Set 
forth,  &c. 

4th.  Whether  or  no  were  you  present  when  the  said 
Complainant  delivered  to  Mr.  K.  the  possession  of  the 
premises,  in  the  pleadings  in  this  cause  mentioned  ?  If 
yea,  set  forth  the  particulars  of  what  passed  upon  that 
occasion,  and  what  was  said  thereupon  by  the  said 
Complainant  to  the  said  Mr.  K.  Set  forth,  &c. 

5th.  Whether  or  no  were  you,  at  any  time  present, 
when  the  said  Defendant  made  any  application  or  re- 
quest to  the  said  Complainant,  to  give  him  time  to  pay 
the  purchase-money  of  the  premises,  in  the  pleadings 
mentioned?  If  yea,  set  forth  the  particulars  of  such  ap- 
plication and  request,  and  when  the  same  was  made ; 
and  whether  or  no,  after  the  said  Mr.  K.  was  in  posses- 
sion of  the  said  premises.     Set  forth,  &c. 


INTERROGATORIES.  485 

6th.  Whether  or  no  did  you  ever,  and  when,  hear 
the  said  Mr.  K.  make  any,  and  what  declaration,  and  to 
whom,  as  to  his  having  or  not  employed  the  said  De- 
fendant to  purchase  for  him,  of  the  said  Complainant, 
the  premises  in  the  pleadings  in  this  cause  mentioned  ? 
Set  forth,  &.c. 

Lastly.  Do  you  know  of  any  other  matter  or  thing, 


486 


INTERROGATORIES 


^ 

a 

« 

cs 

"O 

s 

c 

rt 

4> 

Ph 

Q 

c«    fa 

r  ^ 
K   O 

^  w 
r  eg 


o 


e 

I 


I 


tl 


Q 


X  «  S  -^  ■"  -2 


INTERROGATORIES.  487 


STATEMENT    OF    THE  CASE. 

The  Plaintiff"  filed  his  bill  against  the  Defendants,  the  five  last  of 
which  were  the  tenants,  or  the  representatives  of  tenants,  in  possession 
of  the  estate  in  question,  and  the  three  first  were  mortgagees,  or  had 
some  claim  upon  the  estate.  It  appeared  by  the  bill,  that  M.  S.  by  her 
will,  bearing  date  the  ,  devised  to  her  kinswoman,  S.  C. 

wife  of  W.  C  all  her  real  estate  at  W.  C.  for  life :  remainder  to  her 
son  or  sons  living,  in  equal  shares  and  proportions  ;  and  she  charged  the 
said  VV".  estate  after  the  death  of  the  said  S.  C.  with  the  payment  of  =£ 
a-piece  to  her  daughters.  And  it  seems,  that  by  the  general  rule,  and 
the  authorities  upon  the  subject,  that  on  account  of  the  charge  on  J.  to 
pay  the  legacies  of  £  ,  that  he  took,  upon  the  death  of  his  mother, 

the  W.  estate  in  fee,  notwithstanding  the  want  of  words  of  limitation  to 
the  heirs.  The  bill  was  for  a  redemption  of  the  said  estate,  and  for  the 
usual  accounts  to  be  taken.  Upon  the  coming  in  of  the  answers,  it  ap- 
peared that  L.  and  M.  had  assigned  over  all  their  interest  to  the  Defen- 
dant F.  and  he  admitted  that  he  was  a  mortgagee  in  possession  for 
£  ,  but  denied  Plaintiff's  title,  and  said  he  had  heard  that  W.  C. 

the  real  heir,  was  alive  ;  and  also  stated  that  the  Plaintiff  had  contracted 
to  sell  his  equity  of  redemption,  as  was  the  fact.  The  Plaintiff,  however, 
afterwards  obtained  a  regular  release  of  such  contract.  The  pleadings 
were  submitted  to  Mr.  L.  to  advise  as  to  further  proceedings,  and  he 
gave  the  following  opinion  ; — 

"  It  appears  to  me,  upon  these  pleadings,  that  Mr.  F.  is  the  only  one 
"  of  the  Defendants  who  is  a  necessary  or  proper  party  to  the  suit.  And 
"  if  the  suit  be  proceeded  in,  I  think  the  bill  ought  to  be  dismissed  as 
"  against  all  the  other  Defendants.  But  before  the  Plaintiff  takes  upon 
"  himself  the  expense  of  dismissing  this  suit,  he  ought  to  be  quite  sure 
"  that  he  can  make  out  his  own  title.  It  no  where  appears  by  whom  the 
''  original  mortgage  of  £  was  made  ;  but  by  whomsoever  it  was 

"  made,  the  Plaintiff  has  to  make  out  a  clear  descent  and  title  from  that 
"  person,  and  he  ought  to  be  quite  sure,  tliercforc,  not  only  that  he  can 
*'  make  out  his  own  pedigree,  but  that  he  can  prove  all  other  persons 
"  who  wouliJ-stand  in  his  way  to  be  dead  without  issue,  and  intestate.  It 
"  seems,  by  Mr.  F.'s  answer,  that  the  Plaintiff  has  entered  into  some 
*'  written  contract  with  S.  and  R.  for  the  sale  of  his  equity  of  redemption. 
'•  If  this  be  so,  the  circumstances  must  be  inquired  in!o  accurately,  be- 
"  cause  it  may  turn  out  that  the  Plaintiff  has  fully  passed  all  liis  interest 
^'  in  the  said  suit,  or  at  least  that  it  may  be  necessary  to  make  these  per- 
"  sons  parties  to  the  suit.  It  is  very  material  to  ascertain  by  whom  the 
"  original  mortgage  was  made.  As  part  of  the  property  is  copyhold,  it 
•'  might  be  known  by  searching  the  court  rolls  of  the  maJior.'- 


488 


KMERROGATORIES. 


The  following  are  the  Interrogatories  to  prove  Plaintiff  ^s 

Tiile. 
In  Chancery. 

Interrogatories  to  be  exhibited  to  witnesses  to 
be  produced,  sworn  and  examined  in  a  cer- 
tain cause  depending  in  tlie  High  Court  of 
Chancery,  wherein  E.  C.  is    -     Complainant, 

and 
S.  L.,  &c.  &c. Defendants. 

On  the  part  and  behalf  of  the  Complainant  as  follows. 
1st.  Interrogatory.     Do  you  know  the  parties  Com- 
plainant and  Defendants,  in  the  title  of  these  interroga- 
tories  named,  or  any,  or  either,  and   which  of  them  r 
And  how  long  have  you  known  them,  or  any,  or  either, 
and  which  of  them  respectively  ?     Declare  the  truth, 
and  your  knowledge  therein. 
For  the  execu-         2d.   Whether  or  no  did  you  know  M.  S.  formerly 
tors  of  Plain-    of,  &c.  and  when,  or  about  what  time,  did  the  said 
tiff^s  mothery       M.   S.  die  }  And  whether  or  no  did  you  know  W.   C. 
and  any  other     formerly  of,  &c.  and  S.  C.  his  wife ;   and  was  the  said 
person  who  can     S.  C.  in  any  manner,  and  how,  related  to  the  said  M.  S. ; 
speak  with  ac-     and  when,  or  about  what  time,  and  where  did  she  die ; 
curacy  as   to       and  what  children  had  the  said  S.  C.  ;  and  what  chil- 
pedigree.  dren  survived  her  ;  and  if  any  child  or  children  of  the 

said  S.  C.  died  in  her  life  limej  did  such  child  or  chil- 
dren have  any  child  or  children,  and  what  are  become 
thereof?  And  whether  or  no  did  you  know  J.  C.  of,  Szc. 
the  son  of  the  said  S.  C.  and  S.  C.  tlie  younger,  and 
E.  C.  the  daughters  of  the  said  S.  C.  and  did  the  said 
S.  C.  ever,  and  when,  marry ;  and  when,  and  where  did 
he  die  ;  and  whether  testate  or  intestate  ;  and  had  he, 
or  did  he  leavo  any  child  or  children  ?    And  if  yea, 
what  are  become  thereof?  And  did  the  sllid  S.  C.  the 
daughter  of  the  said  S.  C.  ever,  and  when,  marry,  and 
to   whom,   and    when,   and   where   did  she   die ;    and 
what  children  had  she,  or  did  she  leave  ?  And  whether 
or  no  did  you  know  W.  C.  and  T.  C.  sons  of  the  said 
S.  C.  the  younger,  and  what  became  of  the  said  W.  C.  ; 
and  did  he  ever,  and  when,  marry,  as  you  know  or  be- 
lieve ;  and  did  the  said  T.  C.  ever,  and  when  marry, 
and  wherf,  and  when,  or  about  what  time  did  he  die. 


INTERROGATORIES. 


489 


For  tlic  Exe- 
cutor of  Plain- 
tiff's mother,  or 
any  other  jser- 
son  who  can 
speak  to  the 
fact  of  posscs- 

,<!iO)7. 


and  wliether  testate  or  intestate ;  and  had  he,  or  diil 
he  leave  any  child  or  children;  And  if  yea,  what  are 
become  thereof?  And  did  the  said  E.  C.  the  daughter 
of  the  said  S.  C.  the  elder,  and  ever,  and  when,  marry, 
and  to  whom  ;  and  when  or  about  what  time  did  she 
die ;  and  had  she,  and  did  she  leave  any  child  or  chil- 
dren ?  And  if  yea,  what  are  become  thereof?  Whether 
or  no  did  you  know  the  father  of  the  said  W.  C.  of,  &c. 
the  husband  of  the  said  S.  C.  the  eider;  and  what  w£\s 
his  name,  and  where  did  he  live,  and  when,  or  about 
what  time,  and  where  did  he  die;  and  what  cliild  or 
children  had  he  besides  the  said  W.  C.  and  who  was 
his  eldest  son,  and  who  was  his  second  son ;  and  did 
his  eldest  son,  in  case  the  said  W.  C.  was  not  his  eldest, 
or  if  the  said  W.  C.  was  his  eldest,  did  his  second  son 
at  any  time,  and  when,  and  where,  marry ;  and  when, 
or  where  did  he  die;  and  had  he,  or  did  he  leave  any, 
and  what  child  or  children  ?  And  whether  or  no  is  the 
said  Complainant  his  eldest  son,  or  who  else  is  such 
eldest  son  ?•  Set  forth  the  particulars  at  large,  according 
to  the  best  df  your  knowledge,  remembrance,  and  be- 
lief, and  the  truth  declare. 

3d.  Whether  or  no  was  the  said  W.  C  of,  &c.  and  S. 
his  wife,  or  either,  and  which  of  them,  at  any  lime,  ami 
for  how  long,  in  possession  or  in  the  receipt  of  the 
rents  and  profits  of  any  messuages,  farms,  or,  lands  in 
the  parish  of,  &c.  commonly  called  ;  and  by. 

whom  are  such  messuages,  farms,  and  lands  now  re- 
spectively occupied  ?  And  whether  or  no  did  the  said 
S.  C.  continue  in  such  possession  or  receipt  until  her 
death,  or  how  otherwise  ?  And  whether  or  no,  did 
J.  C.  the  son  of  the  said  W.  and  S.  C,  at  any  time, 
and  when,  enter  into  the  possession,  or  into  the  receipt 
of  the  rents  and  profits  of  the  said  messuages,  farms,  or 
lands  ?  And  whether  or  no  did  he  continue  in  such 
possession  or  receipt  until  his  death,  or  how  otherwise? 
And  whether  or  no  did  T.  C.  in  tiie  last  interrogatory 
named,  at  any  time,  and  when,  enter  into  the  posses- 
sion or  into  the  receipt  of  the  rents  and  profits  of  the 
said  messuages,  farms,  or  lands  ?  And  whether  or  no 
did  he  continue  in  such  possession  or  receipt,  or  how 
otherwise  ?  Declare,  &c. 

6f^ 


490  INTERROGATORIES. 

[Lest  the  fact     4t[i.  Wlif ther  or  no   was  J.  C.  lafe   of,  «!vrc.   com- 
of  possession  be    monly  called  yeoman,  at  any  lime,  and  when, 

not  distinctly        in  possession,  or  in  receipt  of  the  rents  and  profits  of 
proved,  Itcoidd     the  freehold   and   copyhold  messuages,  lands  and  tene- 
examine  to  this     ments  which   were  subject  to  a  mortgage,  which  for- 
interrogatnri/       merly  belonged  to  the  late  A.  JM.,  clerk,  and  afterwards 
the  Defendant      to   the   Defendant  M.  JM.  and  now  to  the    Defendant 
L.Jirst  obtain-     T.  F.  ?    And  whetlier  or  no  did  he  continue  in  such 
ing  an  order         possession  or  receipt  until  his  death,  and  when  did  he 
for  that  pur-        die  ?   And  whether  or  no  was  the  said  J.  C.  ever,  and 
pose,  saving         when,  married,  and  to  whom,  and  had  he,  and  did  he 
first  exceptions.']   leave  any  child   or  children  ?   And  whether  or  no  did 
he  die  testate  or  intestate,  and  who,  upon  his  death, 
entered  into  such  possession  or  receipt?    And  whether 
or  no  was  T.  C.  late  of,  &c.   aforesaid,  at  any  time, 
and  when  in  the  possession,  or  in  the  receipt  of  the 
rents  and  profits  of  the  said  freehold  and  copyhold  mes- 
suages, lands   and   tenements  ?  And  whether  or  no  did 
he  continue  in  such  possession  or  receipt  until  his  death, 
or  how  otherwise,  and  when  did  he-  die,  and  was  he 
ever,  and  when,  married,  and  to  whom,  and  had  he, 
and  did  he  leave  any  child  or  children,  and  did  he  die 
tostate   or   intestate  ?     And  whether  or   no   was    any, 
and  what  allotment  made  to  the  said  T.  C.  in  re.^pect 
of  the  said  freehold  and  copyhold  lands,  or  any,  and 
what  part  thereof,  under  any  act  of  parliament  passed 
for  embanking  the  common  salt-marsh  in  the  township 
of  W.    aforesaid,    and   for   inclosing   the  same  ?     Set 
forth,  &ZC. 
For  tJic  proof         5th.  Look  upon  the  papor-wrifings  now  produced  and 
of  the  registers     shewn  to  you  at  this  time  of  your  examination,  marked 
of  births  and        respectively  with   the  letters  A.  B.,  &c.  Whether  or  no 
burials  tvhich        did  you  at  any  time  and  when,  and  where,  carefully 
support  the  pe-     examine  the  same  with  any  entries  t'.iereof  made  in  tlie 
digree.  register  books  of  any,  and  what  parishes  or  places, 

and  are  the  same  true  copies  of  such  entries  respective- 
ly ?  Declare,  &c. 
For  the  proof  6th.  Look  upon  the  paper-writings  now  produced 
of  am/  insrrip-  and  shewn  to  you  at  this  the  time  of  your  examination, 
tions  on  tomb-  marked  respectively  with  the  letters  F.  G.,  &c.  Whe- 
stonwi  v'Jiich  thor  or  no  did  you  at  any  lime,  and  when  and  where, 
support  the  pc-  carefully  examine  the  same  with  any  writings  or  inscrip- 
digree.  tions   upon  any,  and  wliat  tomb-stone:^  or  monumenti. 


INTERROGATORIES. 


491 


To  prove  a 
search  in  the 


ministrations, 
if  any. 


in  any,  and  \vliat  churches  or  church-yards  ?  If  yea, 
whether  or  no  are  the  same  true  copies  of  such  writings 
or  inscriptions  respectively  ?  Declare,  &c. 

7th.  What  is  the  proper  Ecclesiastical  office  for  the 
probate  of  wills,  of  persons  dying  in  the  parish  of  W. 

proper  office  of    St.  A.  commonly  called  ,  in  the  county  of  N.  ? 

iriUs,  of  J.  C.       Whether  or  no  have  you  carefully  examined  such  office, 

and  T.  C.  for  the  purpose  of  finding  wills  of  J.  C.  late  of,  &c. 

who  died  in  or  about  the  year  ,  and  of  T.  C. 

late  of,  ttc,  who  died  in  or  about  the  year  ? 

If  yea,  have  you  found  any  will  of  the  said  J.  C.  or  of 
the  said  T.  C.  or  either,  and  which  of  them ;  or  doth 
it  appear  that  administration  of  the  goods,  chattels, 
rights  and  credits  of  the  said  J.  C.  or  of  the  said  T,  C. 
was  at  any  time,  and  when,  granted  to  any  person  or 
To  prove  the     persons,  and  to  whom  ?  Look  upon  the  paper-writings 

entries  of  ad-  now  produced  and  shewn  to  you  at  this  the  time  of  your 
examination,  marked  with  the  letters  A.  B.,  &c.  whe- 
ther or  no  are  the  same  true  copies  of  entries  in  the 
register  books  of  the  said  Ecclesiastical  office  ?  Set 
forth,  &c. 

Lastly.  Do  you  know  of  any  other  matter  or  thing, 
or  have  you  heard,  or  can  you  say  any  thing  touching 
the  matters  in  question  in  this  case,  that  may  tend  to 
the  benent  and  advantage  of  the  Complainant  in  this 
cause,  besides  what  you  have  been  interrogated  unto  ? 
Declare  the  same  fully  and  at  large,  as  if  you  had  been 
particularly  interrogated  thereto. 

Observation. — As  the  Plaintift's  mother  states  the  mortgage  to  have 
been  made  by  M.  S.,  I  think  it  more  prudent  to  assume  that  to  have 
been  the  fact,  than  to  increase  the  delay  and  expense  of  the  suit  by  an 
amendment,  and  by  taking  the  examination  of  the  Plaintiff's  mother, 
de  bene  esse.  I  therefore  recommend  the  Plaintiff  to  rejjly  in  the  suit, 
and  to  proceed  to  put  it  at  issue  immediately,  and  I  have  drawn  all  the 
interrogatories  that  appear  to  be  necessary  for  the  examination  of  wit- 
nesses. It  will  be  necessary  to  produce  the  original  v/iil  of  M.  S.  at  the 
liearing,  and  before  the  hearing  to  move,  that  the  Defendant  F.  may 
produce  at  the  Jiearing,  all  the  title  deeds  relating  to  the  premises. 


492 


ir^TERKOGATORlES. 


Interrogatories  to  jwove  Relationship  or  Pedigree. 

II Plaintiff, 

acd 

A Defendant. 

1st.    [Knowledge  of  the  parties.] 
To  prout  2d.    Wliether  or  no  did  you  know  T.  C.  late  of,  &c. 

knoicledge  of     the  grandfather  of  Testator  T.  C.  and  now  deceased, 
Testator's  in  his  life-time,  and  how  long  before  his  death  ;  when 

grandfather,       or  about  what  time  did   he  die,  as  you  know,  or  have 
and  marriage,      heard  of,  or  for  any,  and  what  reason  believe  ?  Was 
or  not  the  said  T.   C.  ever,  and  when,  married,  and 
to  whom,  and  what  was  the  maiden  name  of  his  wife  ? 
Declare,  &c. 
To  prove  the         3d.    Whether  or  no  had  tlie  said  T.  C.  in  the  said 
Issue.  preceding  interrogatory  mentioned   and  inquired  after, 

any,  and  what  number  of  children  by  his  said  wife,  or 
by  any  other  wife  or  wives?     If  yea,  what  were  their 
respective  names  ?  Had  he  or  not  children  called  by  the 
names  of  I,  A.  &c.  or  by  o)ie,  and  which  of  said  names, 
or  by  what  other  names  or  name  ?    And  had  he  or  not, 
any,  and  what  other  children  or  child,    and  of  what 
names  or  name  ?    Declare,  Sic. 
To  prove  ckil-         4th.    Whether  or  no  did  you   know,  or  was  you  ac- 
dren  died  with-     quainted  with  the  said  I.  A,  &c.  three  of  the  children 
out  issue.  of  the  said  T.  C.  the  grandfather,  in  the  preceding  inter- 

rogatory mentioned  and  inquired  alter,  or  any,  and 
which  of  them,  for  any,  and  how  long  time,  and  from, 
and  to  what  times  in  particular  are  they,  or  not,  or 
any,  and  which  of  them  now  living,  or  dead  ?  If  dead, 
when,  or  about  what  times  or  time  did  they,  or  any, 
and  which  of  them  severally  and  respectively  die;  and 
did  they,  or  any,  and  which  of  them  leave  any,  and 
what  children  or  child,  or  issue,  and  were,  or  was  they, 
or  any,  and  which  of  them  ever,  and  when,  married  as 
you  know,  or  for  any,  and  vk'hat  reason  believe  ?  De- 
clare, &c. 

5th.  Whether  or  no  did  you  know  the  said  T.  C.  iu 
the  third  interrogatory  mentioned  and  inquired  after, 
another  of  the  sons  of  the  said  T.  C.  the  grandfather,  in 
the  second  interrogatory  mentioned  and  inquired  after, 


ftw:  anv. 


and   how  long  time,  and  from  and  to  what 


INTERROGATORIES. 


493. 


times  ?    Is  he  or  not,  living,  or  dead ;  when,  or  about 
what  time  did  he  die  ?    Declare,  ^c. 
To  prove  6th.    Whether  or  no  was  the  said  I.  C.  in  the  pre- 

marriage,  and  ceding  interrogatory  mentioned,  or  inquired  after, 
their  having  a  ever,  and  when,  married,  and  to  whom,  and  what  was 
daughter  of  the  maiden  name  of  his  wife  ?  Had  or  not,  the  said 
such.  I.  C.  any,  and  what  children  or  child,  or  issue  by  his 

said  wife,  or  any  other  wife,  and  particularly,  had  he 
or  not,  a  daughter,  called  by  the  name  of  A.,  and  had 
he  or  not,    any  other  children  or  child,    and  of  what 
names  or  name  ?  Declare,  &c. 
To  prove  7th.  Whether  or  no  did  you  know,  or  was  you  acquainted 

marriage.  with  the  said  A.  C.  in  the  preceding  interrogatory  men- 

tioned, or  inquired  after,  for  any,  and  how  long  time, 
and  from  and  to  what  time  ?  Did  or  not  the  said  A.  C. 
ever,  and  when  intermarry  with  M.  H.  late  of,  &c.  and 
now  deceased,  and  when,  and  about  what  time  did  the 
said  M.  H.  die  ?  Declare,  &c. 
To  prove  8th.    Whether  or  no  had  the  said  M.  H.  and  A.  his 

Plaintiff's  only  wife,  heretofore,  or  late  A.  C.  in  the  preceding  or 
surviving  cliil'  7th  interrogatoiy  mentioned  or  inquired  after,  any,  and 
dren.  what  number  of  children  ?     If  yea,    what  were  their 

respective  names,  or  the  names  of  any,  and  which  of 
them,  and  particularly,  are  not  the  Complainants  R.  H. 
&c.  or  some,  or  one,  and  which  of  them,  the  children 
or  child  of  the  said  M.  H.  and  A.  his  wife ;  and  had 
they  or  not,  another  son,  named  I.  H.  and  is  he  or  not 
living,  or  dead  ?  If  yea,  when,  and  about  what  time 
did  he  die,  and  did  he  or  not  leave  any  children  or 
child,  or  issue,  and  had  or  not  the  said  A.  H.  any,  and 
what  other  children  or  child,  or  issue,  other  than  and 
besides  those  herein  before  named  ?  If  yea,  are  they  or 
not,  or  any,  and  which  of  them  living,  or  dead,  when, 
or  about  what  times  or  time  did  they,  or  any,  and  which 
of  them  die,  as  you  know,  or  for  any,  and  what  reason 
beheve?    Declare,  &c. 

9th.    To  prove  copies  of  registers^  &c. 
Lastlv. 


494  INTERROGATORIES. 


Inierrogaiories  to  prove  a  Will. 

Between  B.      -     -     -     Plaintiff, 
and 
B.      -.  -    -    Defendant. 

Jnterrogatoiies  exhibited,  &c. 

1st.  Interrogator}'.  Do  you  know  the  parties  Com- 
plainant and  Defendant,  in  the  title  of  these  interroga- 
tories named,  or  either,  and  which  of  them  ?  And  did  you 
know  11.  B.  the  Testator  in  the  proceedings  of  this  cause 
named,  in  his  life-time?  If  yea,  for  how  long  did  you 
know  him,  and  when,  and  how  long  since  did  he  depart 
iliis  life  ?  And  did  you  ever  see  the  said  H.  B.  write, 
and  are  you,  or  are  you  not,  acquainted  with  his  cha* 
racter  or  manner  of  hand-writing  ?  Set  forth,  &:c. 

2d.  Was  you,  or  was  you  not,  present,  and  did  you, 
or  did  you  not  see  the  said  H.  B.  sign,  seal,  publish, 
and  declare  the  said  ^writing,  now  produced  to  you 
and  shewn  at  this  the  time  of  your  examination,  marked 
with  the  letter  C,  and  contained  in  a  sheet  of  paper, 
as  and  for  his  last  will  and  testament  ?  Do  you  know  of 
whose  hand-writing  the  body  of  the  said  will  or 
writing,  is;  and  do  you,  or  do  you  not  believe  that  the 
paid  H.  B.  was  of  sound  mind,  &c.  at  the  time  of  his 
making,  signing,  sealing,  and  publishing  the  said  pro- 
duced writing  as  and  for  his  Jast  will  and  testament  ? 
Did,  or  did  not  tlie  said  H.  B.  appear  to  be  in  his  right 
senses,  and  of  sound  mind,  memory,  and  understand- 
ing, at  the  time  when  he  so  signed,  sealed,  and  pub- 
lished the  said  produced  writing  as  and  for  his  last  will 
and  testament ;  and  did  he,  or  did  be  not  appear  to 
know  what  he  said  or  did  ?  Where  was  the  same  exe- 
cuted, and  at  whose  desire  did  you  attest  the  execution 
of  the  same,  or  how  came  you  to  be  a  witness  thereto? 
Did,  or  did  you  not,  and  the  other  persons  whose 
names  appear  to  be  set  or  subscribed  as  witnesses  to 
the  said  now  produced  will,  attest  the  same  by  writing 
and  subscribing  your  respective  names  as  witnesses 
thereto,  in  the  presence  of  the  said  Testator  H.  B., 
and  in  the  ])reseiice  of  each  other  ?  And  is  or  is  not 
your  name,  appearing  to  be  set  or  subscribed  to  the 
now  produced  will  or  writing,  marked  C,  of  your  own 


INTERROGATORIES. 


495 


proper  hand-writing  ?  Did  you,  or  did  you  not  see  the 
said  other  persons,  whose  names  appear  to  be  set  as 
witnesses,  write  or  subscribe  their  names  as  witnesses 
thereto  ?  And  are,  or  are  not  the  names  of  the  said 
other  persons,  or  whose  names  appear  to  he  set  as 
witnesses  thereto,  of  their  respective  hand-writing? 
Are,  or  are  not,  such  otiier  witnesses,  whose  names 
appear  to  be  set  or  subscribed,  hving  or  dead  ?  If 
dead,  when  did  he  or  they  respectively  die,  as  you 
know  or  believe  ?  Have  you  or  not,  at  or  before  this 
the  time  of  your  examination,  carefully  looked  over, 
compared,  and  examined  the  now  produced  writing,  and 
shewn  to  you  at  this  the  time  of  your  examination,  and 
exhibited  will,  marked  with  the  letter  C,  which  appears  to 
be  attested  by  you,  with  the  transcript  or  a  copy  thereof, 
hereinafter  in  this  interrogatory  set  forth,  and  contained 
in  the  words  and  figures  following,  that  is  to  say,  (in- 
sert or  copy  the  tcill  as  the  some  is  set  out  in  the  bill^  ? 
And  is  the  same  a  true  copy  or  transcript  of  the  said 
original  will,  or  where  does  the  fame  differ  or  vary  ? 
Declare,  &;c. 

Lastly.  (^As  kskqI.) 


To  prove  Deeds  by  subscribing   Wiinesacs. 

1st.  Look  upon  the  deeds  or  writings,  produced  and 

shewn   to  you  at  this  the  time  of  your  examination, 

marked  respectively  with  the  letters,  &c.     Whether  or 

no,   were,  or  was  the  same,    or  any,  or  either,    and 

*  If  to  prove  in-     whicli  of  them*,  at  or  about  any,  and  what  times  or 

dorscmcnts,  in-     time,  signed,  sealed,  and  delivered,  or  signed  by  any, 

sert  the  follow-     and  what  persons  or  person,  in  your  presence  ?  Are  3-ou, 

ing  ivords : '^  or     or  not   a  subscribing  witness  to  the  signing,  sealing, 

any,  and  xvhat     and  delivering,  or  signing  thereof,  or  of  any,  or  either. 

deed  or  writing     and    which  of  them,  by   all,   or   any,   or  either,   and 

indorsed  there-     which  of  such  persons;  of  whose  Laud-writing  is  your 

on,  or  on  any,     name  now   appearing  to  be  subscribed  or  indorsed  a«: 

or    cither,  and     witness  thereto  respectively  ?  Declare,  Src. 

which  nftheiH.'* 

2d.  Look  upon,  &:.c  Whether  or  no  have  you  kr.owi'. 
or  been  acquainted  with  the  character  or  manner  oJ 
hand-writing  of  any,    and  what    person    and    persons 


i©6  KNTERR0GA10Rl£b. 


whose  names  or  name  now  appear  to  be  scl,  subscribed, 
or  indorsed  to  or  on  tlie  said  deeds  or  writings,  or  any, 
or  either,  and  which  of  them,  as  the  party  or  parties,  wit- 
ness or  witnesses  thereto,  or  to  any,  or  either,  and  which  of 
them,  or  to  any,  and  what  writing  or  writings  indorsed 
thereon,  or  on  any,  or  either,  and  which  of  them  ? 
Set  fortii  of  whose  hand-writing  each  and  every,  or  any, 
and  which  of  the  names  now  appearing  to  be  set  sub- 
scribed, or  indorsed,  as  party  or  parties,  witness  or  wit- 
nesses thereto,  or  to  any,  or  either,  and  which  of 
them,  or  to  any  writing  or  writings  indorsed  thereon, 
or  on  any,  or  eitlier,  and  which  of  them  is,  or  are; 
and  whether  you  have,  or  not,  seen  all,  or  any,  and 
which  of  such  persons  write,  and  whether  all,  or  any, 
and  which  of  such  witnesses  are  now  living  or  dead,  and 
if  living  where  they  respectively  dwell,  and  if  dead, 
when  and  about  what  time,  and  where  they  respectively 
died.     Declare,  S.:c. 

3d.  Look,  &c.  Whether  do  you  know,  or  are  you 
acquainted  with  the  character  or  manner  of  hand-writing 
in  which  the  same,  or  any,  or  either,  and  which  of 
them,  or  any  and  what  part  or  parts  thereof  are  or 
is  written  ?  Set  forth,  if  you  can,  of  whose  hand- 
writing the  said  paper-writings,  and  eaoh  or  cither  of 
them,  or  any,  and  what  part  or  parts,  and  particularly 
the  name  or  names  now  ap[)caring  to  be  subscribed 
thereto,  and  to  each,  or  any,  and  which  of  them,  and 
the  direction  or  superscription  of  such  of  them,  if  any 
liave  direction  or  superscription,  is  or  are  ;  and  whether 
YOU  have  or  not  seen  all,  or  any,  and  which  of  such 
persons  write.     Declare,  &:c. 


Inter I'ogatoi  its   to   prove   a    Will    by   all    the   subscribing 
Witnesses,   if  living. 

Between  H.     -    -    -     Plaintiff, 
and 
A.     -     -     -     Defendant. 

1st.  [Knowledge  of  the  parties.] 

2d.  Look  upon  the  paper,  or  parchment-writing, 
now  produced  and  shown  to  you  at  this  the  time  of 
your  examination,  marked  with  the  letter  A,  and  con- 


INTERROGATORIES.  497 

sisting  of        sheets  or  skins.     Whether  or  no  was  the 
said  produced  writing,  at  any  time,  and  when,  signed, 
sealed,  published  and  declared  by  W.  H.  late  of  S., 
in  the  county  of  B.,  esq.  the  Testator  in  the  pleadings 
of  this  cause  named,  as  and  for  his  last  will  and  testa- 
ment, in  your  presence,  and  in  the  presence  of  any 
other  person  or  persons,  and  whom  ;  or  did  the  said 
Testator  in  any  other,  and  what  manner  execute  the 
said  produced  writing,  or  acknowledge  the  same  as  and 
for  his  last  will  and  testament  in  your  presence,  and  in 
the  presence  of  any  other  person  and  persons,  and  whom.? 
Whether  or  no  is  your  name,  and  the  name  or  names  of 
the  other  person  or  persons,  set  or  subscribed  as  a  wit- 
ness or  witnesses  thereto,  of  your,  his,  or  their  proper 
hand-writing  respectively  ?  And  whether  or  no  did  you, 
and  such  other  person  or  persons,  or  either,  and  which 
of  you,  set  or  subscribe  your  name  or  names  as  a  wit- 
ness or  witnesses  thereto,  in  the  presence  of  the  said 
Testator  ?    And  whether   or  no  are  such  subscribing 
witness  or  witnesses  now  living  or  dead  ?  And  if  any, 
or  either  of  them  are  dead,  where,  and  when  did  such 
witness  or  witnesses   die,    as   you,    for  any  and  what 
reason,  know  or  believe  ;  and  if  any,  or  either  of  them 
are  living,  where  do  they  respectively  reside .''  Whether 
or  no  was  the  said  Testator,  at  the  time  of  his  signing, 
sealing,  publishing,    and   declaring  the  said  produced 
writing  as  and  for  his  last  will  and  testament,  or  other- 
wise executing  or  acknowledging  the  same,  of  sound 
and  disposing   mind,    memory,  and  understanding,  or 
how  otherwise,  as  you,  for  any  and  what  reason,  know 
or  believe  ?  Set  forth,  &c. 

Lastly.     Do  you   know  of  any   other  matter   and 
thing,  &c. 


fJ4 


riNTERROGATORlES. 

Interrogatories  for  the  Examination,  before  a  Master,  of 
the  Executor  and  Heir  at  Law  of  Defendant,  who  was 
the  Agent,  Steward,  Receiver,  and  Manager  of  the  Es- 
tates  in  question,  as  to  Monies  laid  out,  ^c. 

Between,  &c. 
Interrogatories  exhibited,  &c. 

1st.  Interrogatory.  Set  forth  according  to  the  best  of 
your  knowledge  and  belief,  a  full,  true,  and  particular 
account  of  all  and  every  the  rents,  issues,  and  profits, 
and  sums  and  sum  of  money  arising  from  rents,  issues, 
and  profits  of  the  estates  of  the  Plaintifls  viscountess  S. 
and  C.  C,  in  the  pleadings  mentioned,  situate  in  the 
several  counties  of,  &c.  or  any  of  them  which  have 
arisen  or  become  due  since  the  death  of  J.  B.  their 
mother,  received  by,  or  come  to  the  hands  of  the  late 
Defendant  R.  B.,  in  his  life-time,  and  you,  the  now 
Defendant  R.  B.  as  his  heir  at  law  and  executor,  since 
his  death,  or  any  other  person  or  persons,  by  your  or 
either  of  your  orders,  or  for  your  or  either  of  your  u^e, 
or  which,  without  your,  or  either,  or  one  of  your  wilful 
default,  might  have  been  received  thereout,  with  the 
limes  when,  and  from  whom,  and  for  what  the  same, 
and  each  and  every  of  them  were  respectively  received, 
or  might  have  been  received. 

2d.  Set  forth,  in  manner  aforesaid,  a  full,  true,  and 
particular  account  of  all  and  every  sums  and  sum  of 
money  paid,  laid  out,  expended,  disbursed,  or  allowed 
for  repairs,  taxes,  and  other  outgoings  in  respect  of 
the  said  estates,  or  otherwise,  to,  for,  or  on  account  of 
the  Plaintifls,  or  any  of  them,  by  the  late  Defendant 
R.  B.  in  his  life-time,  and  you,  the  now  Defendant, 
R.  B.  since  his  death,  or  by  any  other  person  or  per- 
sons, by  your  or  either  of  your  order,  or  on  your,  or 
either  of  your  account,  with  the  times  when,  and  bj'^, 
and  to  whom,  and  for  what  the  same,  and  each  and 
every  of  them  were  so  paid,  laid  out,  expended,  dis 
bursed,  or  allowed. 

3d.  Set  forth,  in  manner  aforesaid,  a  full,  true,  and 
particular  account  of  ;ili  sucli  parts  of  the  said  estates 
as  were  at  any  tin)e  or  times  sold  since  the  death  of 


INTERROGATORIES  499 

the  said  J.  B.  the  mother  of  the  said  Plaintiffs,  with 
the  times  when,  and  to  whom,  and  for  what  prices  re- 
spectively the  same,  and  every  part  thereof  were  or 
was  sold  ;  and  also  an  account  of  all  and  every  sums 
and  sum  of  money  arising  from  such  sales  or  sale  re- 
ceived by,  or  paid  to  the  account  of,  or  in  anywise 
come  to  the  hands  of  the  said  late  Defendant  R.  B.,  or 
to  the  hands  of  his  bankers,  or  any  other  person  or 
persons  by  his  order,  or  for  his  use,  with  the  times 
when,  and  from  whom,  and  for  what  all  and  every 
such  sums  and  sum  of  money  were  or  was  received  or 
paid  ;  and  also  a  full,  true,  and  particular  account  of 
all  timber  which  hath  been  cut  down  in  or  upon  all  or 
any  part  or  parts  of  the  said  estates  of  the  said  Plain- 
tiffs viscountess  S.  and  C.  C.  at  any  time  or  times  since 
the  death  of  the  said  J.  B.  their  mother,  with  the  time 
when,  and  the  names  of  the  particular  woods,  fields, 
grounds,  or  places,  in  which  the  same  were  cut,  and 
the  number  of  trees  from  time  to  time  so  cut,  and  the 
prices  or  values  thereof  respectively,  and  to  whom  the 
same  were  sold,  and  by  whom  the  same  were  cut  down 
respectively  from  time  to  time ;  and  also  a  full,  true, 
and  particular  account  of  all  and  every  sums  and  sum 
of  money  which  at  any  time  or  times,  and  when, 
were  received  by,  or  come  to  the  hands  of  the  said  late 
Defendant  R.  B.,  or  any  other  person  or  persons  by 
his  order,  or  for  his  use,  from  such  timber  as  afore- 
said, or  which,  without  his  own  wilful  default,  might 
have  been  received,  and  from  whom,  and  for  what  all 
and  every  such  sums  and  sum  of  money  were  or  was 
received. 

4th.  Set  forth  also,  in  manner  aforesaid,  a  full,  true, 
and  particular  rental  of  all  and  every  the  said  estates  of 
the  Plaintiffs,  &c.  in  the  several  counties  aforesaid,  as 
the  same  stood  at  the  time  of  the  death  of  the  said 
J.  B.,  their  mother,  specifying  therein  the  names  of  all 
and  every  the  tenants,  and  the  yearly  rents  of  each  of 
the  said  estates  at  that  time ;  and  also  set  forth  all  and 
every  increase  or  advance  of  all  and  every,  or  any  of 
the  rents  of  the  said  estates  from  time  to  time  made, 
with  the  particular  times  or  periods  when  and  from 
which  such  increase  or  advance  took  place,  so  as  to 
shew  what  was  the  yearly  amount  of  the  rentals  of  the 


500  INTERllOGATORIES. 


said  estates  in  every  year  wkcn  any  advancement  or 
increj^se  took  place  from  the  death  of  the  said  J.  B.  to 
this  time,  save  and  except  such  increase  or  advance  as 
may  have  been  made  by  the  Plaintiffs  in  the  rents  of 
such  of  the  said  estates  as  were  dehvered  into  their 
hands  since  their  possession  thereof. 

5th.  Set  forth,  in  manner  aforesaid,  a  full,  true,  and 
particular  account  of  all  the  woods  and  wood-lands, 
parcel  of  the  said  estates,  with  the  names  and  quan- 
tities; or  number  of  acres  thereof  respectively,  and  the 
places  where  the  same  are  situate  ;  and  also  a  full, 
true,  and  particular  accoimt  of  all  such  lands  and 
tenements,  parcel  of  the  said  estates,  as  at  any  time  or 
times  were  not  let  to  any  tenant  or  tenants,  or  were  in 
hand  or  occupied  by  the  said  late  Defendant  B.  R.,  or 
any  other  person  or  persons  by  his  order,  or  on  his 
account,  with  the  names  and  quantities,  or  number  of 
acres,  and  yearly  value  thereof  respectively,  and  when, 
and  how  long  from  time  to  time  the  same  were  so 
unlet  to  any  tenant  or  tenants,  or  were  in  hand  or  oc- 
cupied by  the  sa'd  late  Defendant  R.  B. ;  and  set 
forth  also,  in  manner  aforesaid,  the  names  of  the 
several  manors  belonging  to  the  said  estates,  and  in 
what  particular  counties  the  same  are  situate,  with  the 
natures  and  extents  of  such  manors  respectively,  and  a 
full,  true,  and  particular  account  of  all  quit  rents,  and 
of  all  fines,  heriots,  and  other  uncertain  profits  be- 
longing or  arising  from  each  of  such  manors  respec- 
tively, with  the  yearly  amounts  thereof. 

6th.  Set  forth,  in  manner  aforesaid,  the  name  or 
names,  and  place  or  places  of  abode  of  the  steward  or 
several  stewards  employed  by  the  said  late  Defendant 
R.  B.  from  time  to  time,  in  the  collection  of  the  rents 
and  management  of  the  said  estates,  and  each  of  them 
respectively,  from  the  time  of  the  death  of  the  said 
J.  B.  down  to  the  time  when  possession  of  any  of  the 
said  estates  was  taken  by  the  Plaintiffs,  and  down  to 
the  time  of  Jiis  own  death,  as  to  such  of  the  said  estates 
as  he  continued  in  possession  of  to  that  time. 

7th.  Set  forth,  in  manner  aforesaid,  a  true  and  par- 
ticular schedule  of  the  accounts  of  all  and  every  the 
stewards  and  agents  of  the  said  estates  from  the  time  of 
the  death  of  the  said  J.  B.  down  to  the  time  when  the 


INTERROGATORIES.  501 

possession  of  any  of  the  said  estates  was  delivered  into 
the  possession  of  the  Plaintifl's,  and  down  to  this  time, 
as  to  such  of  them  as  the  said  late  Defendant  con- 
tinued in  possession  of  until  his  death,  and  which  are 
now  in  your  possession  ;  and  also  a  true  and  particuW 
schedule  of  all  the  sur^'e)'s,  field  books,  niap^,  plans, 
counterparts  of  leases,  rentals,  particulars,  books  and 
papers  of  accounts,  minutes,  entries,  agreements,  and 
memorandums,  kept  by  all  or  any  of  the  said  stewards 
or  agents  of  or  concerning  the  said  estates,  or  any  of 
them,  or  the  rents,  profits,  or  management  thereof, 
and  whether  any  such  have  at  any  time  or  times,  to 
your  knowledge,  information,  or  belief,  been  torn, 
burnt,  or  destroyed,  and  when,  and  by  whom ;  or 
whether  you  have  ever  seen  or  heard  of  any  such  which 
are  or  is  not  now  forthcoming,  and  what  is  become 
Thereof,  according  to  the  best  of  your  knowledge,  in- 
formation, and  belief. 

8th.  Set  forth  also,  in  manner  aforesaid,  a  full  and 
particular  schedule  and  description  of  all  and  every  or 
any  books  or  book  of  account,  memorandums  agree- 
ments, declarations  of  trust,  letters,  minutes,  entries, 
or  other  papers,  at  any  time  or  times  kept  by  the  said 
late  Defendant  R.  B.,  of  or  concerning  his  receipts, 
payments,  or  transactions,  for  or  upon  account  of  the 
Plaintifts  viscountess,  &c.  or  all  or  any  of  their  estates, 
or  the  Plaintifts  lord  S.,  &c.  or  in  anywise  concerning 
the  said  estates,  or  any  of  them  ;  and  whether,  to  your 
knowledge,  information,  or  belief,  any  such  books  or 
book  of  account,  memorandums,  minutes,  declarations 
of  trust,  letters,  entries,  or  papers,  have  at  any  time 
been  torn,  burnt,  or  destroyed,  or  whether  you  have 
ever  seen  or  heard  of  any  such  which  are  or  is  not 
now  forthcoming,  and  if  so,  what  is  become  thereof, 
according  to  the  best  of  your  knowledge,  information, 
and  belief. 

9th.  Set  forth,  in  manner  aforesaid,  a  full,  true,  and 
particular  account  of  all  and  every  the  manors,  mes- 
suages, lands,  tenements,  and  hereditaments,  which 
are  comprised  in  the  indentures  of,  &c.  in  the  pleadings 
mentioned,  and  in  the  indenture  of,  &c.  in  the  plead- 
ings also  mentioned,  and  in  each  and  every  of  them  ; 
.ind  also  set  forth  a  full,  true,  and  particular  account 


502  INTERROGATORIES. 

and  rental,  of  all  such  of  the  said  manors,  &c.  as  now 
remain  unsold,  specifying  therein  the  names  of  all  and 
ever}'  the  tenants  or  tenant,  or  occupiers,  the  names 
and  quantities,  or  number  of  acres  of  the  fields  and 
lands  occupied  by  each  tenant. 

nth.  Set  forth,  in  manner  aforesaid,  a  true  and 
particular  schedule  of  all  title  deeds  and  writings,  and 
other  deeds,  instruments,  evidences,  and  writings  re- 
lating to  the  said  estates  of  the  said  viscountess  S.,  &c. 
in  the  several  counties  aforesaid,  or  to  any  of  them, 
now  in  your  custody  or  power,  or  which  at  any  time 
or  limes  have  been  in  your  custody  or  power,  or  in  the 
custody  or  power  of  the  said  late  Defendnnt  R.  B.,  and 
if  any  of  the  deeds  and  evidences  relating  to  the  said 
estates,  or  any  of  them,  were  at  any  time  or  times  in 
the  custody  or  power  of  the  said  late  Defendant  R.  B., 
or  in  your  custody  or  power,  and  are  not  now  in  your 
custody  or  power  ;  set  forth  in  whose  custody  or 
power  the  same  now  are,  or  what  is  become  thereof,  as 
you  know,  have  heard,  or  for  any  and  what  reason 
believe. 

12th.  Do  you  not  admit  assets  of  the  said  late  De- 
fendant R.  B.  sufficient  to  answer  what  on  taking 
the  aforesaid  accounts,  shall  appear  to  have  come  to 
the  hands  of  the  said  late  Defendant  ?  If  not,  then  set 
forth,  in  manner  aforesaid,  a  full,  true,  and  particular 
account  of  all  and  every  sums  and  sum  of  money,  se- 
curities for  money,  arrears  of  rents,  goods,  chattels, 
personal  estate  and  effects  whatsoever,  of  or  belonging 
to  the  said  late  Defendant  R.  B.  at  the  time  of  his 
death,  with  the  kinds,  qualities,  natures,  true  and  real 
values  thereof  respectively ;  and  also  set  forth  a  full, 
true,  and  particular  account  of  all  such  parts  thereof 
as  have  been  possessed,  received,  or  come  to  the  hands, 
of  you  the  said  now  Defendant  R.  B.  as  his  executor, 
with  the  times  when  and  how,  and  of  whom  you  have 
possessed  or  received  the  same,  and  what  part  or  parts 
thereof,  if  any,  now  remain  outstanding. 


INTERROGATORIES.  503 

Inquiry  as  to  Intestate^s  Estate  and  Effects,  and  Money  laid 
out  upon  his  Account. 

Bf'tween  P,  widow,         .         .         Plaintiff, 
and 
T.  P.         .         .         .         Defendant. 

Interrogatories  exhibited,  &c.  (Irfore  the  Master, 
Sj-c.)  as  before. 

1st.  Interrogatory.  Whether  or  no  was  R.  P.  the  in- 
testate, in  the  pleadings  in  this  cause  named,  at  the  time 
of  his  death,  possessed  of,  or  entitled  to  any  personal 
estate  and  effects,  other  llian  and  besides,  and  exclusive 
of  his  part,  share,  or  interest  in  ihc  co-partnership  trade 
and  business,  in  the  pleadings  in  this  cause  mentioned, 
and  the  stock  and  effects  belonging  thereto  ?  If  yea,  set 
forth  a  full,  true,  and  particular  inventory  and  account 
thereof,  and  all  the  particulars  whereof  the  same  con- 
sisted, and  the  full,  true  and  utmost  values  thereof,  and 
all  the  particulars  thereof  which  were  possessed  by  vou, 
or  any,  and  «  hich  of  you,  and  by  any  other  person  or 
persons  b}'  your,  or  any  and  which  of  your  order,  and 
for  your,  or  any,  and  which  of  your  use,  or  by  the  said 
late  Defendant  T.  P.  or  an}"  other  person  or  persons  by 
his  order,  or  for  his  use,  in  his  life-time,  and  how,  and 
in  what  manner  the  same  were,  and  have  been  applied 
or  disposed  of.  And  also  an  account  of  all,  and  every 
sums  and  sum  of  money  received  by  sale,  or  on  account 
of  the  said  intestate's  personal  estate  and  effects,  other 
than,  and  independant,  or  distinct  from  his  share,  inter- 
est, or  conccrji  in  the  co-partnership  trade  or  business, 
in  the  pleadings  in  these  causes  mentioned,  or  the  stocks 
or  effects  belonging  thereto,  or  otherwise  on  account  of 
his  said  separate  personal  estate  and  effects  of  the  said 
intestate,  and  when,  by  whom,  and  of  whom,  for  what, 
and  on  what  account  or  accounts  the  same,  and  every 
part  were  or  was  so  received ;  and  whether  any  and 
what  part  or  particulars  of  the  said  separate  personal 
estate  and  effects  of  the  said  intestate  remains  or  remain 
outstanding  or  unreceived. 

2d.  Whether  or  no  was  the  said  intestate  R,  P.  at 
the  time  of  his  death,  separately  indebted  to  any  per- 
sons or  person  besides,  or  exclusive  of  the  debts  owing 


5Q4  INTERROGATORIES. 


from  him  as  a  partner  in  the  aforesaid  co-partnership 
concern  or  business  ?  If  yea,  set  forth  a  full,  true  and 
particular  account  of  all,  and  every  such  debts.  Have 
you  or  not,  or  have,  or  hath,  or  not,  any,  and  which  of 
you,  or  any  persons  or  person  by  your,  or  any,  and 
which  of  your  order,  or  on  your,  or  on  any,  and  which 
of  your  behalf,  paid,  laid  out,  or  expended  ?  And  did 
the  said  late  Defendant  T.  P.  or  any  other  person  or 
persons  by  his  order,  or  on  his  behalf,  in  his  life-time, 
pay,  lay  out,  or  expend  any,  and  what  sums  or  sum  of 
money,  in  or  towards  discharging  of  all,  or  any,  and 
which  of  such  debts,  or  of  the  funeral  expenses  of  the 
said  intestate  R.  P.  ?  If  yea,  set  forth  a  full,  just,  true, 
and  particular  account  of  all,  and  every  such  sums  or 
sum  of  money,  and  when,  and  by  whom,  and  to  whom, 
and  for  what,  or  on  what  account  or  accounts  the  same, 
and  every  part  thereof  were  or  was  so  paid,  laid  out, 
or  expended. 


Interrogatory  to  prove  ivheiher  a  Person  was  empowered 
to  let  the  Estates  in  question,  and  to  receive  the  Rents, 
^c.  Inquiry  as  to  the  Particulars,  Rental,  ivhat  Money 
received,  ^c. 

Whether  or  no  was  you,  in  the  life-time  of  the  said 
Testator  T.  D.  and  for  how  long  before  his  death,  em- 
powered by  him,  or  any  other  person,  and  whom,  to 
let  and  sell  all,  or  any,  and  what  part  of  the  freehold 
and  leasehold  estates  of  the  said  Testator,  and  to  receive 
the  rents  and  profits  thereof;  or  do  you  otherwise,  and 
how,  know  of  what  freehold  or  leasehold  estates  the 
said  Testator  died  seised,  or  possessed  of,  or  entitled 
unto?  If  yea,  set  forth  a  full,  true,  and  just  rental,  de- 
scription, and  purticuhir  thereof,  and  where  the  same, 
and  every  part  thereof  is  situate,  and  the  yearly  value  o( 
each  particular  thereof,  and  in  whose  tenure  or  occu- 
pation the  same,  and  every  part  thereof  then  was,  or 
since  has  been,  and  now  is,  and  under  what  leases  or 
trrms  of  years,  if  any,  and  at  what  yearly  or  other  rent 
or  rents.  And  set  forth  for  how  long  time  you  have 
been  in  possession  or  receipt  of  the  rents  and  profits 


INTERROGATORIES.  506 

of  such  freehold  and  leasehold  estates,  or  any,  and 
whsLt  part  thereof,  and  by  what  right  or  title,  and  for 
whose  use.  And  also  set  forth  a  full,  true,  and  parti- 
cular account  of  all,  and  every  sum  and  sums  of  money 
which  hath  been  received  by  you  or  any  other  person 
or  persons  by  your  order,  or  for  your  use,  for,  or  in 
respect  of  the  rents  and  profits  of  the  said  estates,  or 
any  part  thereof,  which  have  become  due  since  the 
death  of  the  said  Testator,  and  what,  and  by  whom,  and 
for  whose  use,  and  for  what  rent,  and  of  what  part  of 
the  said  estates,  and  when  due,  all  and  every  such  sums 
were  respectively  received  ;  and  whether  any,  and 
which  of  such  rents  and  profits  are  now  in  arrear,  and 
if  so  why.  And  also  set  forth  a  full,  true,  and  par- 
ticular account  of  all  and  every  the  sum  and  sums  of 
money  which  have  or  hath  been  from  time  to  time  paid 
and  disbursed  by  you  since  the  death  of  the  said  Tes- 
tator, for  or  on  account  of  the  said  freehold  and  lease- 
hold estates  of  the  said  Testator,  and  when  and  to 
whom,  and  for  what,  all,  and  every  such  sums  were  re- 
spectively paid  and  disbursed.     Set  forth,  &c. 


Interrogatorie.t  before  a    Master  as  to  xchat  the  Property 
of  a  Lunatic  consists. 

1st.  Interrogatory.  Of  what  did  the  property  of  the 
said  lunatic  consist  at  the  death  of  his  father,  and  of 
what  doth  it  now  consist,  and  what  part  of  it  then,  and 
doth  now  consist  of  personal  property?  And  set  forth 
a  full,  true,  and  just  rental  and  particular  of  the  real 
estate  to  which  the  lunatic  became  entitled  at  the  death 
of  his  father,  and  the  nature,  quantities,  and  qualities 
thereof,  and  where  the  same,  and  every  is  situate,  and 
the  yearly  value  of  each  particular  tliereof,  and  in  whose 
tenure  and  occupation  tlie  same,  and  every  part  tliereof 
was,  at  the  death  of  the  father  of  the  said  lunatic,  and 
since  have  been,  or  now  is,  and  under  what  yearly  or 
other  rent  or  rents,  and  for  what  term  or  terms  of  years, 
and  whether  at  full  rack-rent,  or  how  otherwise. 

2d.  Have  not  you,  or  some  person  or  persons,  and 
w'aora,  by  vour  order,  or  to  your  use  since  the  death  of 

65 


506  ^  INTERROGATORIES. 

the  father  of  the  said  lunatic,  been  in  possession  or  re- 
ceipt of  the  rents  and  profits  of  the  real  estates  to  which 
the  said  lunatic  became  entitled  at  the  death  of  his 
father  tljereof,  or  of  some,  and  what  part  tiiereof?  If 
yea,  set  forth  a  full,  true,  and  particular  account  of  all, 
and  every  sum  and  sums  of  money  which  hath,  and  have 
been  received  by  you,  or  any  person  or  persons  by  your 
order,  or  to  your  use,  for,  or  in  respect  of  the  rents  and 
profits  of  the  said  estate,  or  any  part  thereof  which  have 
become  due  since  the  death  of  the  father  of  the  said 
lunatic,  and  when,  and  by  whom,  and  from  whom,  and 
for  what  rent,  and  of  wliat  part  of  the  said  estates,  and 
when  due,  all,  and  every  such  sums  were  respectively  re- 
ceived. And  set  forth  also  a  full,  true,  and  particular 
account  of  the  manner  in  which  such  rents  and  profits 
have  been  applied  or  disposed  of  by  you  in  each  year, 
particularly  distinguishing  how  much  thereof  hath  in 
each  year  been  applied  for  the  maintenance  and  pro- 
vision of  the  lunatic,  and  how  much  thereof  for  repairs 
and  other  outgoings. 

3d.  Were  the  repairs  which  have  been  so  done  to  the 
said  estates  been  done  by  you  by  the  advice  of  any 
surveyor  or  builder,  and  whom,  and  were  the  same  ne- 
cessary, and  such  as  the  tenant  of  the  said  several  pre- 
mises had  a  right  to  require  from  their  landlord  ?  If 
so,  why  ?  And  was  the  father  of  the  said  lunatic  at 
the  same  average  expenses  for  repairs  in  his  life-time, 
as  you  have  incurred  since  his  death  ?  and  if  not,  why  ? 
And  whether  or  no,  is  it  a  prudent  course  of  manage- 
ment to  let  the  said  estates  upon  such  terms  that 
the  tenants  have  a  right  to  require  such  repairs,  and 
might  not  the  same  have  been  let  on  repairing  leases 
or  otherwise,  upon  terms  more  advantageous  to  the 
landlord  ?  And  would  you  have  let  the  said  estates 
upon  such  terras,  and  have  done  the  said  repairs  thereto 
if  the  said  estates  had  been  your  own  property  ?  And 
have  you  not  redeemed  the  land-tax,  or  some  and  what 
part  of  the  said  estate,  and  for  what  reason  ? 


INTERROGATORIES.  607 

fnier rogatories  for  the  Examination  of  JVitnesses  before  the 
Master,  relating  to  the  Estates  of  the  Testator,  and  also 
to  the  Title  Deeds. 

Between  T.  H.  and  S.  his  wife     .     Complainants, 
and 
H.  J.  and  others     .     .     •     Defendants. 

Interrogatories  exhibited  on  behalf  of  the  said  Com- 
plainants, before  A.  P.  esq.  one,  &g.  (the  usual 
title)  for  the  examination  of  witnesses. 

1st.  Interrogatory.  Whether  or  no,  as  you,  for  any, 
and  what  reason,  know  or  believe,  was  A.  K.  the  Tes- 
tator in  the  pleadings  of  this  cause  named,  at  the  time 
of  his  dcatli  seised  of,  or  otherwise,  and  how,  entitled 
to,  or  in  any  and  what  manner  interested  in  any,  and 
what  freehold  and  copyhold  estates,  and  in  particular 
had  he  any,  and  what  interest  in  a  certain  estate 
called  P.  in  the  parish  of  K.  in  the  county  of  M.  ? 
Set  forth  a/ull,  true,  and  just  description  and  particu- 
lar of  all,  and  every  the  freehold  or  copyhold  estates 
which  the  said  Testator  was  seised  of,  or  entitled  to, 
or  interested  in,  at  the  time  of  his  death,  and  where  the 
same,  and  every  part  thereof  is  situate,  and  in  whose 
tenure  or  occupation  the  same,  and  every  part  then 
was,  or  since  has  been,  and  now  is  respectively.  Set 
forth,  &c. 

2d.  Have  you,  or  had  you,  at  any  time,  and  when 
last,  in  your  custody  or  power,  any  deeds  or  deed,  in- 
struments or  instrument,  papers  or  paper,  writings  or 
writing,  belonging,  or  in  any  manner  relating  to  any, 
and  what  freehold  or  copyhold  estate,  of  which  the 
said  Testator  was  seised  of,  or  entitled  to,  or  interested 
in,  at  the  time  of  his  death,  and  in  particular  relating  to 
the  said  estate  called  P.  or  to  a  certain  messuage,  lands, 
and  premises,,  situate  in  the  parish  of  I>.  in  the  said 
county  of  M.  called  L.  in  the  occupation  of  D.  H.  or  to 
another  messuage,  lands,  and  premises  in  the  said  pa- 
rish of  B.  called  T.  P.,  in  the  occupation  of  the  said  D. 
H.  or  to  another  messuage,  lands,  and  premises  called 
C.  P.,  situate  in  the  parish  of  M.  in  the  said  county,  in 
the  occupation  of  J.  J.  ?  Set  forth  a  list  or  schedule  of 


508 


INTERROGATORIES. 

all  and  every  such  deeds  or  deed,  instruments  or  instru- 
ment, papers  or  paper,  writings  or  writing ;  and  set 
forth  what  is  become  of  such  thereof  as  were,  but  are 
not  now,  in  your  custody  or  power ;  and  set  forth  also 
whether  any  person  or  persons,  and  whom  in  particular 
as  you  know,  or  for  any  and  what  reason  believe,  has, 
or  have  now,  or  has,  or  have  at  any  time,  and  when, 
had  in  his,  her,  or  their  custody  or  power,  any  and 
what,  deeds  or  deed,  instruments  or  instrument,  papers 
or  paper,  writings  or  writing,  belonging,  or  in  any  man- 
ner relating  to  the  said  freehold  and  copyhold  estates  of 
the  said  Testator,  or  any  and  what  part  thereof. 


Interrogatories  for  the  Examination  of  Executors  before  th^ 
Master,  after  the  Hearing. 

Between  A.  B.         .         .         .        Plaintiff, 


Account  of 
personals. 


and 


CD. 


Defendant. 


Interrogatories  exhibited  on  behalf  of  the  said  Plain- 
tiff, before  I.  E.  esq.  one  of  the  Masters  of  this 
honorable  Court,  for  the  examination  of  the  De- 
fendants, pursuant  to  the  decree  made  in  this  cause, 
bearing  date  the 
Whether  or  no  was  D.  W.  deceased,  in  the  pleadings 
of  this  cause  named,  at  the  time  of  his  death,  possessed 
of,  entitled  to,  or  interested  in  any  and  what,  goods, 
chattels,  personal  estate  and  etitects,  as  you  know,  or  for 
any  and  what  reason  believe  ?   If  yea,  set  forth  a  full, 
true,  and  just  inventory  and  account  thereof,  and  of 
every  part  thereof,  and  of  all  the  particulars  whereof 
the  same  consisted,  and  the  quantities,  qualities,  full, 
real,  and  true  valuations  of  all  such  particulars.     And 
whether  or  no  were  all,  or  any,  and  which  of  such  par^- 
ticulars,  and  to  what  amount  and  value,  possessed  ov 
received  by,  or  come  to  the  liands  or  use  of  you,  or  one, 
and  which  of  you,  or  any  and  what,  persons  or  person, 
by  the  order  or  for  the  use  of  you,  or  one  and  which 
of  you,  and  how,  and  in  what  manner,  and  when,  and 
where,   and   by  whom,   and   for  how  much  have  the 
same,  and  every,  or  any,  and  what  part  thereof  been 


INTERROGATORIES. 


509 


Debts  due  to 
Testator. 


Account  of 
debts  oioing  by 
Testator. 


Funeral  ex- 
pensesandofher 


sold  and  disposed  of?  And  whether  any  and  what 
parts  thereof,  and  to  what  vaUie  and  amount  now  re- 
main undisposed  of,  and  what  are  become  thereof? 
Whether  or  no  were  any  and  wliat  sums  of  money  due 
or  owing  to  the  said  D.  W.  at  the  time  of  his  death  ? 
If  yea,  set  forth  a  full,  true,  and  particular  account  of 
all  and  every  such  sums,  and  from  whom,  and  for  what 
the  same  were  respectively  due.  And  whether,  on  anj', 
and  what,  securities  or  security,  and  whether  carrying 
interest  or  not,  and  at  what  rate,  and  how  much  was 
due  for  interest  thereof  respectively  at  the  time  of  his 
death  ;  and  also  a  full,  true,  and  just  account  of  all  and 
every  sums  and  sum  of  money  from  time  to  time  re- 
ceived by,  or  by  the  order  of,  or  for  the  use  of  you,  or 
either  of  you,  in  or  towards  discharge  of  such  debts,  or 
either  of  them,  or  the  interest  thereof,  or  of  any  of 
them  since  the  death  of  the  said  D.  W.  and  when,  and 
by  whom,  and  for  whose  use,  and  for  what,  all  and 
every  such  sums  were  respectively  received ;  and  what 
sums  or  sum  of  money  still  remain  due  in  respect  thereof, 
or  of  the  interest  thereof,  or  of  any  of  them,  and  from 
whom,  and  why  such  sums  have  not  been  gotten  in  and 
received,  and  where  the  persons  from  whom  the  same 
are  respectively  due  live  and  reside ;  and  whether  the 
same,  or  any  and  which  of  them,  are,  or  are  reputed  to 
be,  respectively  separate  and  apart ;  set  forth  all  the 
matters  aforesaid,  according  to  the  best  of  your  re- 
spective knowledge,  remembrance,  information,  and 
belief. 

Whether  or  no  was  the  said  D.  W.,  at  the  time  of 
his  death,  indebted  to  any,  and  what  persons  or  person 
in  any  and  what  sums  or  sum  of  money  ?  If  yea.  set 
forth  a  particular  account  of  all  and  every  the  debts 
whatsoever  which  were  then  justly  due  and  owing 
from  him,  and  to  whom,  and  for  what,  and  on  what 
security,  (if  any)  the  same  were  respectively  due :  and 
whether  any,  and  what  sums  or  sum  of  money  have  or 
hath  been  since  paid  by  you  in  or  towards  discharoe  of 
all  or  any,  and  which  of  such  debts,  and  when,  and  to 
whom,  and  for  what;  and  whether  any,  and  what  sums 
or  sum  of  money  do  or  doth  now  remain  unpaid  on 
account  thereof.  Wljetlier  or  no  were  any  and  what 
sums  or  sum  of  money  paid  and  disbursed  by  you,  for 


510 


IMEKKULiATORlES. 


charges  paid 
hy  executors. 


Another  form. 


As  to  the 
leasehold  pro- 
perty and  stock 
in  trade. 


or  on  account  of  the  funeral  expenses  and  debts  of  the 
said  Testator,  or  otherwise,  in  relation  to  his  estate, 
and  when,  and  by  whom,  and  to  whom,  and  for  what 
were  all  and  every  such  respectively  paid  ?  Set  fortli, 
&c. 

Whether  or  no,  as  you  know,  or  for  any  and  what 
reason  believe,  was  any  and  what  part  of  the  per- 
sonal estate  of  the  said  Testator  possessed  and  re- 
ceived by  I.  B.  in  the  pleadings  in  this  cause  named, 
in  his  life-time,  or  by  E.  IJ.  W.  H.  and  G.  B.  the 
executrix  and  executors  of  the  said  I.  B.  after  his  death  ; 
or  did  the  said  I.  B.  or  the  said  E.  B.  W.  H.  and  G.  B. 
make  any  and  what  payments  in  respect  of  the  funeral 
expenses  and  debts  of  the  said  Testator  I.  L.  or  other- 
wise, in  relation  to  his  estate,  and  when,  and  to  whom, 
and  lor  what  were  all  and  every  such  payments  made  ? 

Whether  or  no  was  the  said  Testator,  at  the  time  of 
his  death  possessed  of  or  entitled  to  any  leasehold  pro- 
perty? If  yea,  set  forth  the  particulars  of  which  the 
same  consisted,  and  where  the  same  and  every  part 
thereof  was  situate,  and  from  whom,  and  for  what 
term  or  terms  of  years,  and  under  what  yearly  or  other 
rent  or  rents  the  same  and  every  part  thereof  was  at  the 
death  of  the  Testator,  and  at  what  rent  or  rents  j  and 
whether  any  and  what  sums  or  sum  of  money  have 
been  received  by  you,  or  either  of  you,  in  respect  of  such 
rent  or  rents,  and  when,  and  from  whom,  and  for  what 
rent  respectively;  and  whether  or  no,  have  you,  or 
either  and  which  of  you,  sold  <»ny  part  of  the  said  Tes- 
tator's leasehold  property  ?  And  if  yea,  when,  and  to 
whom,  and  for  what  was  tiie  same  sold,  and  what  sum 
or  sums  of  money  have  been  received  by  you,  or  either 
and  which  of  you,  in  respect  of  such  sale,  and  when, 
and  from  whom,  and  for  what  were  such  sums  or  sum 
received,  and  what  novv-  remains  due  in  respect  of  sucli 
sale,  and  why  the  same  is  outstanding  and  unpaid.  And 
set  forth  also  a  full,  true,  and  particular  account  of  the 
stock  in  trade  which  the  said  Testator  was  possessed  of, 
or  entitled  to,  at  his  death,  of  what  the  same  and  every 
part  thereof  consisted,  and  what  at  the  said  Testator's 
death  was  the  full  and  true  value  of  each  and  every 
part  thereof.  vVnd  set  forth  also  a  full,  true,  and  parti- 
cular arrouut  of  the  monies  produced  by  the  sale  of 


INTERROGATORIES.  511 

such  stock  in  trade,  antl  when,  and  to  whom,  and  for 
what  the  same  and  every  part  thereof  was  sold,  or  what 
became  thereof.     Set  forth  all  and  every,  &c. 


Inquiry   as   to    personal  Estate   and   Money    arising    by 
Rents  and  Sate  of  real  Estate,  since  swearing  Answers. 

Hath  not  some,  and  what  part  of  the  personal  estate 
and  effects  of  H.  R.  esq.  deceased,  the  Testator  in  the 
pleadings  in  thi.s  cause  named,  or  of  the  produce  of  such 
personal  estate,  or  of  the  money  arising  by  sale  of  his 
real  estate,  or  any  part  thereof,  or  in  respect  of  the 
rents  or  profits  of  his  real  estate,  or  of  any  part  thereof, 
been  possessed  or  received  by^  or  come  to  the  hands  of 
you,  or  one  and  which  of  you,  since  the  respective  times 
of  your  respective  swearing  to  your  respective  answers 
to  the  plaintiff's  bill  in  this  cause  r  Set  forth  a  full,  true, 
and  just  account  of  all  and  singular  such  personal  estate, 
and  the  produce  thereof,  which  hath  been  so  possessed 
or  received  by  you  respectively,  or  by  your  respective, 
or  for  your  respective  use,  or  come  to  your  respective 
hands  since  the  time  of  swearing  your  said  respective 
answers,  and  the  natures,  kinds  qualities,  and  quan- 
tities, and  the  full,  real,  and  true  value  of  all  and 
every  of  such  particulars,  and  when  and  by  whom, 
and  to  whom  all  and  every,  or  any  and  wliich  of  such 
particulars  have  been  sold  or  disposed  of;  and  whe- 
ther any  and  what  part  thereof  remains  undisposed, 
and  what  are  become  thereof?  Hath  any  and  what  part 
of  the  personal  estate  of  the  said  Testator  H.  R., 
Wiiich  remained  undisposed  of  at  the  time  of  swear- 
ing your  said  respective  answers,  been  since  sold  or 
disposed  of,  and  when,  and  by,  and  to  whom,  and  for 
how  much,  and  whether  for  the  full  value  tliereof,  or 
how  much  under  the  full  value  thereof  respectively,  and 
vvh^t  sums  or  sum  of  money  have  or  hath  been  received 
for  the  same,  and  when  and  by  whom,  and  for  whose 
use  ?  Set  forth  all  and  every  the  matters  and  things 
aforesaid,  according  to  the  best  of  your  respective  know- 
ledge, remembrance  and  belief. 

Set  forth  also  a  full,  true,  and  just  account  of  all  and 
pvcr^  the  sums  and  sum  of  money,  which  have  or  hath 


512  INTERROGATORIES. 


been  from  time  to  time  received  by  you,  or  either  of 
you,  or  by  any  persons  or  person  by  the  order,  or  for 
the  use  of  you,  or  either  of  you,  since  the  swearing  of 
your  said  respective  answers,  for  or  in  respect  of  the 
produce  or  money  arising  by  sale  of  the  real  estate  of 
the  said  Testator,  or  any  part  thereof,  or  the  rents  or 
profits  of  such  real  estate,  or  any  part  thereof,  and 
when,  and  by,  and  for  what,  and  on  what  account  all 
and  every  such  sums  were  respectively  received.  S^t 
forth,  &c. 


Interrogatories  as  to  the  Profits  and  produce  of  an  Estate 
in  the   West  Indies  in  Moitgage. 

Between  W.  D.  Q.,  and  J.  G.     -     Plaintiffs, 
and 
VV.  B.,  W.  A.,  J.  J.,  G.  B.,   and 
W.  L.     -    -    -    -    Defendants. 

Interrogatories  exhibited  by  Plaintiffs,  and  the  De- 
fendants J.  J.,  and  W.  L.  before  sir  W.  W.  bart, 
one,  &:c.  (usual  title.) 
1st.  Interrogatory.  Is  there  or  not  any  sum  of  money 
due  and  owing  to  you,  for  principal  or  interest  on  the 
mortgages  in  the  pleadings  in  this  cause  mentioned,  and 
in  the  decree  in  this  cause  particularly  specified  ?  If 
yea,  set  forth  how  much  is  due  to  you  for  principal,  and 
how  much  for  interest,  and  the  particulars  thereof  re- 
spectively, and  how  you  make  out  or  compute  the  same. 
Set  forth  the  matters  in  this  interrogatory  inquired  after 
according  to  the  best  of  your  knowledge,  remembrance, 
information,  and  belief;  distinguish  whether  you  set 
forth  the  same  from  your  own  knowledge,  or  from  any 
and  what  written  book,  document,  or  account,  or  from 
the  information  of  any  other  person  or  persons,  and  if 
from  the  information  of  any  other  person  or  persons,  set 
forth  the  name  or  names  of  such  person  or  persons,  and 
the  time  when  you  received  such  information  ;  and  if, 
according  to  your  belief  only,  set  forth  how  and  from 
whom,  in  what  manner,  and  when  you  received  the  in- 
formation on  which  you  form  your  belief,  and  all  the 
grounds  and  reasons  for  such  your  belief,  fully  and  at 
large. 


INTERROGATORIES, 


Ola 


2d.  Have  you  laid  out  or  expended  any  sum  or  suras 
of  money  in  necessary  repairs,  or  lasting  improvements 
upon  the  estates  and  premises  in  the  island  of  J.  com- 
prised in  the  indentures  of  mortgage  in  the  decree  in 
this  cause  particularly  mentioned  ?  If  yea,  set  forth  what 
sum  or  sums  of  money  was  so  laid  out  or  expended, 
and  for  what  repairs  or  lasting  improvements,  and 
when,  where,  by  whom,  and  to  whom  particularly,  such 
sum  or  sums  of  money,  and  every  of  them  respec- 
tively, was  or  were  paid,  laid  out  or  expended  ;  and  set 
forth  and  distinguish  how  much  of  such  sum  and  sums 
of  money  have  or  hath  been  laid  out  or  expended  in 
necessary  repairs,  and  how  much  in  lasting  improve- 
ments ;  set  forth  the  matters  in  this  interrogatory  in- 
quired of  you,  according  to  the  best  of  your  know- 
ledge, remembrance,  information,  and  belief;  distinguish 
whether  you  set  forth  the  same  from  your  own  know- 
ledge or  from  any  and  what  written  book,  document, 
or  account,  or  from  the  information  of  any  other  per- 
son or  persons  ;  and  if  from  the  information  of  any  other 
person  or  persons,  set  forth  the  name  or  names  of  such 
person  and  persons,  and  the  time  when  you  received  such 
information,  and  il^  according  to  your  belief  only,  set 
forth  how,  and  from  whom,  and  in  what  manner,  and 
when  you  received  the  information  on  which  you  form 
your  belief,  and  all  the  grounds  and  reasons  for  such 
your  belief,  fully  and  at  large. 

3d.  Set  forth  a  full,  true,  and  particular  account  of 
the  rents  produce  and  profits  of  the  estates  and  premises, 
comprised  in  the  mortgages  in  the  decree  in  this  cause 
mentioned,  received  by  you,  or  by  any  other  jjerson  or 
persons,  by  your  order,  or  for  your  use,  or  which,  with- 
out your  wiltul  default,  might  have  been  received  there- 
out, and  when,  where,  and  what  time  and  times  res- 
pectively, and  by  whom,  and  from  whom  respectively 
such  rents,  produce  and  ])rofits,  and  every  pari  thereof, 
have  and  hath,  and  might  have  been  received,  and  why, 
and  for  what  reason  or  reasons  any  and  what  part  and 
parts  of  such  rents,  produce,  and  profits,  have  or  hath 
-not  been  received  ;  set  forth  the  matters  in  this  interro- 
gatory inquired  of  you,  according  to  the  best  and  utmost 
of  your  knowledge,  remembrance,  information,  and  be- 
lief.    Distinguish,  &c.  (as  hefnre.) 

66 


514  INTERROGATORIES. 


4th.  Whether  or  no  did  you,  or  any  person,  for  your 
use,  or  on  your  account,  under  color  of  the  writ  of 
assistance  in  the  decree  in  this  cause  mentioned,  enter 
upon  and  take  possession  of  any  estates  and  premises, 
the  property  of,  or  belonging  to  the  Plaintifl's,  or  those 
under  whom  they  claim,  which  were  not  comprised  in 
the  said  several  mortgages  in  the  said  decree  mentioned, 
or  any  or  either  of  them  ?  If  yea,  set  forth  what  estate 
or  estates,  or  premises,  you,  or  any  person  for  your  use, 
or  on  your  account,  so  took  possession,  and  tlie  nature, 
quantity,  and  quality  thereof,  and  the  particulars  there- 
of, and  every  part  and  parts  thereof?  And  also  set  forth 
a  full,  true,  and  particular  account  of  the  rents,  pro- 
duce, issues,  and  profits  of  the  said  estates  and  pre- 
mises, in  this  interrogatory  inquired  after,  received  by 
you,  or  by  any  other  person  or  persons,  by  your  order, 
or  for  your  use,  or  which,  without  your  wilful  default, 
might  have  been  received  thereout ,  and  distinguish  the 
same  from  the  rents  and  profits  of  the  estates  and  pre- 
mises comprised  in  the  said  several  mortgages,  and  set 
forth  when,  and  at  what  time  and  times  particularly, 
and  by  whom  such  rents,  produce,  issues,  and  profits, 
as  by  this  interrogatory  are  inquired  after,  have  or  hath 
been,  or  might  have  been  received,  and  wliy,  and  lor 
what  reason  or  reasons,  any  and  what  part  and  parts  of 
such  rents,  produce,  issues,  and  profits,  have  or  hath 
not  been  received.  Set  forth  the  matters,  cVc.  Dis- 
tinguish, &c. 

C)th.  Have  yoa  expended  any  sum  or  sums  of  money 
ill  lasting  improvements,  upon  the  estates  and  premises 
in  the  preceding  interrogatory  inquired  after,  being  the 
estates  and  premises  not  comprised  in  the  mortgages  in 
the  decree  in  this  cause  mentioned  ?  If  yea,  set  forth 
Avhat  sum  or  sums  of  money  you  so  expended,  and  tor 
what  lasting  improvements,  and  when,  where,  by  whom, 
and  to  whom  particularly  such  sum  or  simis  of  money, 
and  every  of  them  respectively,  was  or  were  paid,  laid 
out  or  expended.  Set  forth  the  matters,  &c.  Dis- 
tinguish, Ssc. 

6lh.  Has  it  not  been  the  constant  and  invariable 
usage  for  your  agents  or  managers  of  your  estates  in  the 
West  Indies,  to  transmit  accounts  every  year,  or  at  any 
aiid  what  other  stated  or  uncertain  periods,  of  all  the 


INTERROGATORIES.  516 

sugars,  rum,  and  other  produce,  arising  from  the  estates 
in  the  pleadings  in  this  cause  mentioned,  and  how  the 
same  have  l)een  disposed  of?  Were  not  such  books  an- 
nually, or  at  some  and  what  other  stated  or  uncertain 
periods,  examined,  and  the  accounts  therein  contained, 
signed,  or  allowed  by  you,  as  settled  accounts,  or  by 
some  and  what  person  or  persons  duly,  or  in  some  and 
what  manner  authorized  by  you,  to  settle,  and  sign  such 
accounts,  or  to  act  on  your  behalf?  Do  not  such  ac- 
counts contain  an  account  of  all  the  produce  arising 
from  the  estates  in  the  pleadings  mentioned,  and  how 
the  same,  from  time  to  time,  have  been  disposed  of  for 
the  whole  of  the  time  since  the  same  were  taken  pos- 
session of  under  the  writ  of  assistance,  to  the  present 
time,  or  for  any  and  what  part  of  such  lime;  and  if  not 
lor  the  whole  of  such  period,  set  forth  from  what  time 
the  accounts  of  the  produce  of  the  estates  in  question 
In  this  cause,  have  been  omitted  to  be  included  in  the 
accounts  returned  to  you  or  your  agents  in  England,  of 
the  produce  of  your  other  estates  in  the  Vv'^est  Indies, 
and  why,  and  for  what  reason,  the  same  were  so  omit- 
ted. Have  all  and  each,  and  every  of  such  signed  ac- 
counts, been  produced  and  left  with  the  Master,  to 
whom  this  cause  stands  rcferreil  ;  and  if  not,  why  ? 
Answer  fully  and  distinctly  the  several  matters  inquired 
after  by  this  interrogatory.     vVnd  distinguish,  Sec. 

7th,  Set  forth  a  true  and  accurate  account  of  the 
names  of  the  managers  of  the  estates  in  the  pleadings 
mentioned,  in  the  West  Indies,  of  the  consignee  or 
consignees  of  the  produce  thereof  in  England,  from 
the  time  the  same  were  taken  possession  of  as  aforesaid, 
to  the  present  time,  and  from  what  time  to  what  time 
each  and  every  of  such  persons  were  manager  or  ma- 
nagers, or  consignee  or  consignees.  Set  forth  the  par- 
ticulars inquired  after  by  interrogatory,  according  to  the 
best  of  your  knowledge,  information,  and  belief. 

8th.  What  number  of  negroes  or  slaves  were  there 
on  the  estates  in  the  pleadings  in  this  cause  mentioned, 
at  the  time  you  took  possession  thereof,  under  the  writ 
of  assistance,  in  the  said  pleadings  mentioned  ?  Set 
forth  a  list  or  schedule  thereof,  with  the  names  of  each 
and  every  of  such  negroes  or  slaves,  and  of  the  issue 
and  increase  thereof  existing  at  the  time,  or  singe  pro^ 


516  tNTERROUATORlES. 


duced  after  you  had  so  taken]  possession  of  the  saij 
estates.  Were,  or  were  not  some,  and  which  of  such 
negroes  or  slaves,  removed,  at  some  and  what  time  or 
times,  oft'  and  from  the  said  estates,  to  some  and 
what  other  estates  belonging  to  you  in  Jamaica,  or  to 
some  and  what  otlier  place  or  places  ?  If  yea,  which 
of  such  slaves  were  so  removed  ?  Set  forth  the  parti- 
culars and  names  of  such  slaves  which  were  so  re- 
moved, and  of  the  issue  and  increase  thereof,  and  when 
they  were  respectively  so  removed,  and  what  became  of 
them;  and  how  were  they,  and  each  and  every  of  them, 
and  their  issue  and  increase  disposed  of?  Were  any 
and  which  of  such  negroes,  or  of  the  issue  and  increase 
thereof  sold,  and  when,  and  to  whom,  and  for  what 
price  or  prices  ?  Set  forth,  &c. 


Interrogatories  to  examine  Mortgages  in  Possession,  as  to 
Receipt  of  Rents. 

Between,  &c. 
Interrogatories  exhibited,  &c.  (before  the  Master.) 

1st.  Interrogatory.  Whether  or  no  is  there  any,  and 
what  sum  or  sums  of  money  due  and  owing  to  you,  or 
any  or  either,  and  which  of  you,  for  principal  or  interest 
on  the  mortgaged  premises,  in  the  pleadings  in  this 
cause  mentioned  ?  If  yea,  set  forth  how  nmch  is  due  for 
principal,  and  how  much  for  interest,  and  the  particu- 
lars liiereof  respectively,  and  how  you  make  out  6r 
compute  the  same.     Set  Ibrth,  &:c. 

2d.  Have  you,  or  either  and  which  of  you,  or  any 
other  person  or  persons,  and  whom,  by  your  or  either 
and  which  of  your  order,  or  for  your  or  either,  and 
which  of  your  use,  been  for  any  time,  and  how  long,  in 
possession  or  receipt  of  the  rents  and  profits  of  the  said 
mortgaged  premises,  or  of  any  and  what  part  thereof? 
If  yea,  set  forth  a  full,  true,  and  just  rental  and  parti- 
cular thereof,  and  where  the  same,  and  every  part  there- 
of, is  situate,  and  the  yearly  value  of  each  particular 
thereof,  and  in  wiiose  tenure  and  occupation  the  same, 
and  ev(;ry  part,  is  and  hath  been  dining  the  time  of 
such  possession,  and  under  what  yearly  or  other  rent  or 
rents.     And  set  fortji  also  a  full,  true,  and  particular 


INTERROGATORIES. 


517 


account  of  all  and  every  sum  and  sums  of  money  whicli 
hath  and  have  been  received,  or  but  for  your,  or  some, 
or  one  and  which  of  your  wilful  default  and  neglect, 
might  have  been  received  by  you,  or  some  or  one,  and 
which  of  you,  or  by  any  other  person  or  persons,  and 
whom,  by  your,  or  some  or  one,  and  which  of  your 
order,  or  for  your,  or  some  or  one,  and  which  of  your 
use,  for  or  in  respect  of  the  rents  and  profits  of  the  said 
mortgaged  premises,  or  any  part  thereof,  and  when  and 
by  whom,  and  from  whom,  and  for  what  rent,  and  of 
what  part  of  the  said  mortgaged  premises,  and  when 
due,  all  and  every  such  sums  were  respectively  received, 
or  might  have  been  received.     Set  forth,  &c. 


Interrogatories  to  prove  that  Crop  rvas  on  Plantation  at  the 
Time  of  Sale ;  whether  free  from  Incumbrances ;  as  to 
Security  Mortgagee  had ;  and  to  what  he  resorted  for 
Payment  of  his  Money. 

To  prove  1st.  Interrogatory.    Whether  or  no,  on  the  sale  of  the 

that  crop  tvas        plantation  and  estate  by  you  to  H.  G.  for  which  the  said 
on  plantation,       sum  of  £         was  the  consideration  or  purchase-money, 
and  what  has       was  the  crop  then  on  the  said  plantation  or  estate,  or 
become  thereof,     any  and  what  part  thereof  comprised  in  the  said  sale, 
and  in  the  said  purchase-money  of  c£         ?  If  yea,  whe- 
ther or  no  have,  or  has  any  person  or  persons,  and  whom, 
applied  or  converted  any,  and  what  part  of  the  crop  so 
sold  to  your  use,  and  when,  and  to  what  amount,  as  you, 
for  any  and  w'hat  reason,  know  or  believe  ? 
As  to  incian-         2d.  Whether  or  no  have  you,  in  pursuance  of  tiie 
hrances  on  agreement  or  articles  of  sale,  between  you  and  the  said 

plantation,  and  H.  G.  made  the  said  plantation  and  other  premises  com- 
to  whom  due.  prised  in  such  agreement  or  articles,  free  and  clear  of 
and  from  all  estates,  rights  royal,  and  otiier  duties,  par- 
ticularly the  duties,  if  any,  payable  to  the  king  of  Den- 
mark, in  respect  of  the  said  plantation  and  premises,  on 
the  sale  and  transfer  thereof,  or  otherwise,  howsoever, 
and  of  and  from  all  other  duties,  claims,  and  incum- 
brances ;  do  the  said  plantation  and  other  premises,  or 
any  and  which  of  them,  now  remain  subject,  or  liable  to, 
contrary  to  the  effect  of  the  said  agreement  .^ 


518 


IKTEUROGATORIES. 


^s  to  the  se-  3d.  Whether  or  no  had  you  any  security  or  securities 
citrity  you  had  for  the  payment  of  the  said  principal  sum  of  £  ,  and 
besides  bond  of  the  interest  thereon,  or  any  part  thereof,  other  than  the 
viortgagc.  said  bond  of  the  said  Testator,  T.  B.  and  the  covenant 

of  the  said  H.  G,,  and  the  mortgage  or  security  of  the 
said  plantation  or  estate  ?  If  yea,  set  forth  the  particu- 
lars of  all  and  every  such  securities,  and  the  value  and 
amount  thereof,  and  what  is  now  due  thereon,  and  from 
whom  respectively. 
To  prove  4th.  Whether  or  no  have  you,  in  any  and  what  manner, 

ivhat  security  and  when,  resorted  for  payment  of  any  and  what  part 
mortgagee  re-       of  the  said  sum  of  ^  ,  and  the  interest  thereof,  or 

nortcd  to  for  of  any  and  what  part  thereof,  to  any  and  what  other  se- 
payment  of  his  curity,  upon  the  said  bond  of  tiie  said  Testator,  T.  B.  ? 
money.  and  if  not,  why  ;  and  whether,  if  you  had  used  due  and 

reasonable  diligence,  could  not  the  payment  of  some 
and  what  part  of  the  said  principal  sum  of  £  or 

some  and  wliat  part  of  the  interest  thereof,  have  been 
in  some,  and  what  manner  enforced,  from  some  and 
".\  hich  other  of  vour  securities  other  than  the  said  bond  ? 


I  Hi  LI  rogatories  exhibited  hij  Creditors,  before  the  Master^ 
concerning  a  Bond,  ^-c. 

Interrogatories    exhibited   on    behalf  of  W,   T.  and 
,  who  claim  to  be  creditors  of  the  said  De- 
fendant, before  S.  T.  esq.  one,  &c.  to  whom  this 
cause  stands  relVrred,  for  the  examination  of  W. 
L.  for  the  proof  of  their  debt,  pursuant,  &c. 

i'o  jtrore  lite  1st.  Interrogatory.  Whether  or  no  have  you  at  any 
cxisteiue  of  the  time,  and  when,  and  for  how  long,  had  in  your  custody, 
possession,  or  power,  or  have  you  at  any  time  or  times, 
and  when  respectively,  seen,  in  the  custody,  possession, 
or  power  of  any  otlier  person  or  persons,  and  whom, 
a  bond  or  obligation  in  writing,  executed,  or  purporting 
to  be  executed,  by  the  present  marquis  of  D.  by  his 
tiien  name  of  earl  of  B.  of  the  date  and  in  the  words 
and  figures,  or  to  the  purport  and  effect  hereinafter  set 
forth,  or  any  other.  ?ind  what  bond,  executed,  or  pur- 
porting to  be  executed  by  the  said  marquis  of  D.  by 
his  then  name  of  earl  of  B.  to  J.  F.  T.  the  wife  of 


bond. 


INTERROGATORIES. 


519 


To  prove 
tliat  the  same 
came  into  Mr. 
Z/.'.s  possession, 
and  what  hath 
become  thereof. 


To  prove 
that  the  bond 
was  executed, 
hi/  lord  D.J  and 
to  learn  who 
was  the  attest- 
ing witness,  and 
by  whom  the 
bond  was  Jilkd 
7ip. 


To  prove 
that  Mrs.  T. 
gave  no  autho- 
ritif  to  receive, 
the  bond. 


To  prove  ac- 
knoioledgmen  fs 
prohabhf  made 


W.  T.  of  M.  by  her  then  name  of  C.  of  any  other, 
and  what  date,  or  in  any  other  and  what  words  and 
fignres,  or  to  any  other,  and  what  purport  and  effect  ? 
(Set  forth  bond.) 

2d.  Whether,  and  from  whom,  and  upon  what  occa- 
sion, did  yon  receive  such  bond  or  obligation,  if  the  same 
hath  ever  been  in  your  custody,  power,  or  possession, 
and  what  is  become  of  tiie  said  bond,  and  where  is  the 
same  now,  or  was  when  you  last  knew  thereof,  and  to 
whom,  and  when,  and  upon  what  occasion,  did  you 
give  op  the  custody,  possession,  or  power  of  the  said 
bond  ?  Or  if  the  said  bond  hath  never  been  in  your  cus- 
tody, possession,  or  power,  then  upon  what  occasion 
or  occasions  did  you  see  the  same  in  the  custody,  pos- 
session, or  power  of  any  other  person  or  persons,  and 
what  is  now  become  thereof,  as  you  know,  or  for  an\- 
and  wliat  reason  believe  ? 

3d.  Are  you  acquainted  with  the  character  of  the  hand- 
writing of  the  said  marquis  of  D.,  and  have  you  ever 
seen  the  said  marquis  write,  or  by  what  other  means  did 
yon  become  acquainted  with  the  character  of  his  hand- 
writing ;  and  whether  or  no  do  you  believe  that  the  name 
"  B.,"  set  and  subscribed  to  the  said  bond  or  obliga- 
tion was  of  the  proper  hand-writing  of  the  said  mar- 
quis, or  if  not,  why ;  and  whether  or  no  was  the  name 
of  any  attesting  witness,  and  whom,  set  and  subscribed 
to  the  said  bond  j  and  are  you,  by  any,  and  what  means, 
acquainted  with  the  character  of  the  hand-writing  of 
such  attesting  witness,  and  was  such  name  of  his  proper 
hand-writing ;  and  is  such  attesting  witness  now  living 
or  dead ;  iand  when  did  he  die  ?  And  do  you  know  of 
whose  hand-writing  was  the  body  and  condition  of  the 
said  bond  ? 

4th.  Whether  or  no  was  any  instrument,  or  other  au- 
thority, produced  to  you,  whereby  the  said  Mrs.  T.  the 
obligee  in  the  said  bond,  authorized  and  empowered 
any  other  person,  and  whom  to  receive  the  moncv  due 
on  the  said  bond,  or  otherwise  to  discharge  the  same  ? 
If  yea,  set  forth  the  particulars  of  such  instrument,  oi 
other  authority,  and  what  hath  become  thereof. 

5th.  Whether  or  no  have  you  at  any  time  or  times,  anci 
when,  and  upon  what  occasion  or  occasions,  had  any  con- 
versation with  the  said  marquis  of  D.  upon  the  subject 


520 


INTERROGATORIES. 


hy  lord  D., 
that  he  gave 
the  bond  for 
Mrs,  T.'s  use. 


7b  prove 
letters. 


of  the  said  bond,  or  have  you  at  any  time  or  times,  and 
when,  and  upon  what  occasion  or  occasions,  heard  the 
said  marquis  of  D.  speak  of  the  said  bond ;  and  whether 
or  no  did  the  said  marquis  of  D.,  upon  such  occasion  or 
occasions,  acknowledge  or  admit  that  he  gave  the  said 
bond  for  the  proper  use  and  benefit  of  the  said  Mrs.  T. 
or  how  otherwise  ? 

6th.  Look  upon  the  letters  or  paper-writings  now 
produced,  &c.  Of  whose  hand-wrilings  are  the  said 
letters,  or  the  signatures  or  superscriptions  thereto  re- 
spectively, as  you,  for  any  and  what  reason,  know  or 
believe  ? 


Inierrogaiories  as  io  the  Estate  and  Effects  of  a  Testator 


.ween  A.  B.     . 

.     Complainant, 

and 

CD.     . 

.     Defendant. 

Testator. 


Interrogatories  exhibited  on  behalf  of  the  said 
Complainant,  before  El.  F.  esq.  one  of  the 
Masters,  &c.  to  whom  this  cause  stands  re- 
ferred, for  the  examination  of  the  Defendant, 
ant.  Sec.  pursuant.  Sec. 

As  to  person-  1st.  Interrogator^^  Whether  or  no  was  J.  B.,  the  Tes- 
al  estate  and  tator  in  the  pleadings  of  this  cause  named  at  the  time  of 
effects  executed,  his  death,  possessed  of,  entitled  to,  or  interested  in  any 
Debts  due  to  and  what  goods,  chattels,  personal  estate,  and  effects  ?  If 
yea,  set  forth  a  full,  true,  and  just  inventory  and  account 
thereof,  and  of  every  part  thereof,  and  of  all  the  particu- 
lars whereof  the  same  consisted,  and  the  quantities,  qua- 
lities, full,  real,  and  true  valuations  of  all  such  particu- 
lars ;  and  whether  all.  or  some,  and  which  of  such  par- 
ticulars, have  not,  and  when,  been  possessed  or  received 
by,  or  come  to  the  hands  of  you,  or  one  and  which  of 
vou,  or  of  some  and  what  persons  or  person,  by  the 
order,  or  for  the  use  of  you,  or  one  and  which  of  you, 
and  how,  and  in  what  manner,  and  when  and  whei'e, 
and  by  and  to  whom,  and  for  how  much  have  the  same, 
and  every,  or  any  and  what  part  thereof,  been  sold  or 
disposed  of,  and  whether  any  and  what  parts  thereof, 
and  to  what  value  and  amount,  now  remain  undisposed 


INTERROGATORIES.  621 

of,    and  what  are  become  thereof?    Set  forth  all  the 
matters  aforesaid,  according  to  the  best  of  your  respec- 
tive knowledge,  remembrance,  information,  and  belief. 
As  to  debts         2d.    Whether  or  no  were  any,    and    what   sums  of 

due  to  Testator,  money  due  or  owing  to  the  said  Testator  J.  B.  at  the 
time  of  his  death  ?  If  yea,  set  forth  a  full,  true,  and  par- 
ticular account  of  all  and  every  such  sums,  and  from 
whom,  and  for  what  the  same  were  respectively  due  ? 
And  whether  on  any,  and  what  securities  or  security,  and 
whether  carrying  interest  or  not,  and  at  what  rate,  and 
how  much  was  due  for  interest  thereof  respectively,  at 
the  time  of  his  death ;  and  also  a  full,  true,  and  just 
account  of  all  and  every  sums  and  sum  of  money 
from  time  to  time  received  by,  or  by  the  ordei-,  or  for 
the  use  of  you,  or  either  and  which  of  you,  in  or  to- 
wards the  discharge  of  such  debts,  or  either  of  them,  or 
the  interest  thereof,  or  of  any  of  them,  since  the  death 
of  the  said  J.  B.  and  when  and  by  whom,  and  for 
whose,  and  for  what,  all  and  every  such  sums  were  re- 
spectively received,  and  what  sums  or  sum  of  money 
still  remain  due  in  respect  thereof,  or  of  the  interest 
thereof,  or  of  any  of  them,  and  from  whom  ;  and  why 
such  sums  have  not  been  gotten  in  and  received,  and 
where  the  persons  from  whom  the  same  are  respectively 
due,  live  and  reside ;  and  whether  the  same,  or  any  and 
which,  are  reputed  to  be  respectively  separate  or  apart  ? 
Set  forth,  &c. 
As  to  debts         3d.    Whether  or  no  was  the  said  Testator,  J.  B.,  at 

difo.  the  time  of  his  death,  indebted  to  any  and  what  persons 

or  person,  in  any  and  what  sums  or  sum  of  money  ?  If 
yea,  set  forth  a  particular  accoimt  of  all  and  every  the 
debts  whatsoever,  which  were  then  justly  due  and  ow- 
ing from  him,  and  to  whom,  and  for  what,  and  on 
what  security,  if  any,  the  same  were  respectively  due, 
and  whether  carrying  interest  or  not,  and  at  what  rate, 
and  how  much  was  due  for  interest  thereof  respectively, 
at  the  time  of  his  death  ;  and  whether  any  and  what  sums 
or  sum  of  money  have  or  hath  been  since  paid  by  you, 
or  any  or  either,  and  which  of  you,  in  or  towards  dis- 
charge of  all  or  any,  and  which  of  such  debts,  and 
when  and  to  whom,  and  for  what,  and  whether  any  and 
what  sums  or  sum  of  money  do,  or  doth  now  remain 
unpaid  on  account  thereof?    And  set  forth  also  a  full 

67 


522 


INTERROGATORIES. 


and  particular  account  of  all  and  every  other  tlie  sums 
or  sum  of  money  which  have  been,  from  time  to  time, 
really  and  actually  paid  by  you,  or  any  or  either,  and 
which  of  you,  for  or  on  account  of  the  funefal  expenses 
of  the  said  Testator,  J.  B.,  or  otherwise,  in  relation  to 
his  estate,  since  his  death,  and  when  and  by  whom,  and 
to  whom,  and  for  what  all  and  every  such  sums  were 
respectively  paid  ?  Set  forth,  &c. 
As  to  free-  4th.    Whether  or  no  was  the  said  Testator,  J.  B.,  at 

hold  and  copy-     the  time  of  his  death,  seised  or  otherwise,  and  how  en- 
hold  estates,  titled  to  any,  and  what  freehold  and  copyhold  estates  ? 

and  the  rents         If  yea,  set  forth  a  full,  true,  and  just  rental,  description, 
and  profits  and  particular  thereof,  and  the  number  of  acres  thereof, 

thereof.  respectively,  and  where  the  same,  and  every  part  thereof, 

is  situate,  and  the  yearly  values  of  each  particular  thereof, 
and  in  whose  tenure  or  occupation  the  same,  and  every 
part  thereof,  then  was,  or  since  has  been,  and  now  is, 
respectively,  and  under  what  leases  or  terms,  if  any, 
and  at  what  yearly,  or  other  rent  or  rents  ?    And  set 
forth  also  whether  any  and  which  of  such  estates,  or  any 
and  what  part  thereof,  have,  since  the  death  of  the  said 
Testator,  J.  B.,  been  sold  and  disposed  of,  and  when 
and  where,  and  by  and  to  whom,  and   for  how  much, 
every  particular  thereof  hath  been  sold  and  disposed  of, 
and  whether  at  the  full  and   utmost  value  thereof;  and 
U  not,  why ;  and  how  and  in  what  manner  the  money 
arising    from   the  same  hath  been  paid  and  applied  ? 
And  set  forth  also  a  full,  true,  and  particular  account  of 
all  and  every  sum  and  sums  of  money  wliich  hath,  and 
have  been,  iv<i>m  time  to  time,  received  by  you,  or  any 
or  either,  and  which  of  you,  by  any  other  person  or  per- 
sons, by  your,  or  aiiy  or  either,  and  which  of  your  or- 
der, or  for  your  or  any,  or  either  and  wliich  of  your  use, 
for  or  in  respect  of  the  rents  and  profits  of  the  said 
freehold  and  copyhold  estates,  and  every,  or  any  part 
thereof,  which  were  due  and  owing  at  the  death  of  the 
said  Testator,  or  have  since  become  due,  and  when  and 
by  whom,  and  from  whom,  and  for  what  all  and  every 
such  sum  and  sums  were  respectively  received  ?    And 
whether  any,  and  which  of  such  rents  and  profits  are 
•now  in  arrear ;  and  if  so,  why  ? 
As  to  what  5th.  Whether  or  no  have  you  been  paid,  or  in  any  man- 

money  received     ner  satisfied  any  part  of  the  principal  money  of  £ 


INTERROGATORIES. 


525 


for  principal       mentioned  in  the  bond  or  obligation  of  T.  B.,  the  said 

and  interest  on     Testator,  bearing  date,  &c.  or  any  part  of  the  interest 

hond.  which  hath  accrued  due  thereon  ?  If  yea,  set  forth  the 

particulars  and  amount  of  all  and  every  sums  or  sum 

which  you  have  been  so  paid  or  satisfied,  and  when 

respectively,  and  by  whom,  and  in  what  manner. 


To  prove  the   Identity  of  a   Person  under  a   Marriage 

Settlement, 


To  prove  hirtJt 
and  baptism. 


To  prove  re- 
gister of  bap- 
tism. 


To  prove  inar- 
riage  settle- 
ment. 


Toprovc  deed 
or  bond. 


Between  A.  W. 


Plainti(i^ 


and 


1st. 

2d. 

when. 


C.  M Defendant. 

Interrogatories,  &c. 
[Knowledge  of  the  parties.] 
Do  you  know,  and  from  what  circumstances, 
and  where  the  said  Complainant  A.  W.  was 
born  and  baptized?  If  yea,  set  forth  the  time  and 
place  of  her  birth  and  baptism,  and  the  reason  of  your 
knowledge  therein,  and  who  were  her  father  and  mo- 
ther, and  where  they  usually  resided  at  the  respective 
times  of  the  birth  and  baptism  of  the  said  Complain- 
ant, and  what  was  their  situation  in  life.  Set  forth,  &c. 
3d.  Look  upon  the  paper-writing  now  produced, 
&c.  Did  you  at  any  time,  and  when,  and  where, 
carefully  examine  the  same  with  any  entry  thereof  made 
in  the  register  book  of  any,  and  what  parish  or  place  ? 
If  yea,  whether  or  no  is  the  same  a  true  copy  of  such 
entry  ?    Declare,  &c. 

4th.  Look  upon  the  deed  or  writing  now  produced, 
&c.  Whether  or  no  was  such  deed  or  writing  at  any 
time,  and  when,  signed,  sealed,  or  delivered,  in  your 
presence,  by  any  person  or  persons,  and  whom  ?  And 
were  you  a  subscribing  witness  to  the  signing,  sealing, 
or  delivery  thereof,  by  such  person  or  persons  ?  And  is 
your  name,  indorsed  and  set  as  a  subscribing  Ivitness 
thereto,  of  your  proper  hand-writing  ?  Declare,  &c. 

5tli.  Look  upon  the  bond  or  paper-writing  now  pro- 
duced, &c.  Whether  or  no  was  the  said  produced 
writing  at  any  time,  and  when,  signed,  sealed,  and  de- 
livered, or  in  any  and  what  manner  executed  by  any 


524  IxNTERROGATORIES. 


person,  and  whom,  in  your  presence  ?  And  is  your 
name,  set  and  subscribed  as  a  witness  thereto,  of  your 
proper  hand-writing ;  or  whether  or  no  were  you  ac- 
quainted with  any  |)erson  or  persons  whose  name  or 
names  appear  to  be  set  or  subscribed  to  the  said  bond 
or  paper-writing  as  a  witness  or  witnesses  thereto  ? 
And  did  you  ever  see  such  person  or  persons  write,  or 
were  you  by  any,  and  wliat  other  means  acquainted 
with  tlie  character  or  manner  of  hand-writing  of  such 
person  or  persons  ?  And  is  or  are  the  name  or  names 
of  such  person  or  persons,  so  set  and  subscribed  to  the 
said  bond  or  paper-wriliiiq',  of  his,  her,  or  their  proper 
hand-writing?  And  whetlior  or  no  is  or  arc  such  person 
or  persons  now  living  or  dead  ?  And  if  dead,  when,  or 
where  did  he,  slie,  or  they  die,  as  for  any,  and  wliat 
reason,  know  or  bcHeve  ?  Set  forth,  &c. 

Lastly,    [The  general  and  usual  interrogatory.] 


To  prove  ivhat  Issue  are  alive,  and  what  Estate  the  Tes- 
tator had. 

In  the  Exchequer. 

Between,  &c. 

Interrogatories  exhibited,  &c. 

1st.  Interrogatory.  Whether  or  no  did  you  know 
S.  J.,  the  nephew  of  the  Testator  W.  C,  in  the  plead- 
ings of  this  cause  named,  and  for  how  long  did  you  know 
him,  and  was  he  living  or  dead  at  the  time  of  the 
death  of  the  said  Testator  ?  And  if  dead,  when,  and 
where  did  he  die,  as  you  know  or  beheve  ?  Declare,  &c. 

2d.  Whether  or  no  do  you  know,  and  for  how  long 
have  you  known  the  Defendant  J.  P.  the  sister  of  the 
said  Testator  W.  G.  and  her  family  ?  Whether  or  no 
were  there  any,  and  what  children  of  the  said  Defen- 
dant J.  P.  living  at  the  lime  of  the  death  of  the  said 
Testator;  and  when  did  the  said  Testator  die,  and 
which  of  such  children  are  now  living,  and  what  are 
their  respective  ages,  and  if  any,  or  either  of  them  has 
died  since  the  Testator,  and  when  did  he,  she,  or  they 
die?    Declare,  &:c. 

3d.  Whether  or  no  was  the  said  Testator  W.  G.,  at 
the  lime  of  making  his  will,  in  the  pleadings  of  this 


INTERROGATORJES.  525 

cause  set  forth,  or  at  his  death,  seised  of,  or  otherwise 
entitled  to,  or  interested  in  any,  and  what  freehold 
estates?  If  yea,  set  forth  a  full,  true,  and  just  descrip- 
tion and  particular  of  all  and  every  such  freehold  es- 
tates, and  what  interest  he  had  therein  respectively,  dis- 
tinguishing such  of  theuj,  if  any,  as  he  acquired  after 
the  making  of  his  aforesaid  will. 

4th.  What  interest  had  the  said  Testator,  at  the  time 
of  his  death,  in  the  messuage  or  dwelling-house  de- 
scribed, in  his  will,  to  he  situate  in  M.  street,  within 
the  village  of,  &c.  ?  (set  forth  the  particulars  at  large.) 

5th.  What  Interest  had  the  said  Testator,  at  the  time 
of  his  death,  in  the  messuage  or  dwelling-house,  with 
the  field  and  appurtenances  in,  &c.  described  in  his  said 
will  to  be  in  his  own  tenure  ?  Set  forth,  &c. 

Observations. — I  should  have  thought  that  the  remembrancer  would  have 
permitted  these  several  facts  to  be  ascertained  by  affidavits,  which  would 
be  infinitely  less  expensive,  and  more  expeditious,  than  a  proceeding  by 
interrogatories  and  commission. 

It  will  be  the  office  of  the  Defendants  to  file  the  interrogatories  for 
the  examination  of  the  Plaintiff  as  to  the  personal  estate  of  the  Testator, 


Interrogatories  to  prove  the  Delivery  of  a  Notice. 

Interrogatories  to  witnesses,  &c.  wherein  G.  C.  is  Complainant, 

and 
T.  D.  J.  A.  and  S.  his  wife,  &c.  &c.  are     -     -     Defendants. 

On  thp  part  and  behalf  of  the  Complainant,  as  follows  : 

1st.  [Knowledge  of  the  parties.] 
To  prove  Mr.         2d.  Look  upon  the  paper-writing  now  produced,  and 
R.\  letter  of,      shewn  to  you,  at  this  the  time  of  your  examination,  mark- 
^f''  ed  with  the  letter  A.     Of  whose  hand-writing  is  the  said 

paper-writing,  and  the  name  R.  R.  set  and  subscribed 
thereto,  and  the  superscription  or  direction  thereof,  as 
you  know,  or  for  any,  and  what  reason,  believe,  who 
acted  as  the  soUcitor  or  solicitors  of  the  said  Com- 
plainant, with  respect  to  the  purchasers  in  the  said  bill 
of  complaint ;  and  whether  or  no  did  the  said  R.  R. 
in  any,  and  what  manner,  act  with  respect  to  the  said 
'  purchases,  on  the  part  and  behalf  of  any,  and  which 
of  the  said  Defendants  ?  Declare,  &c. 


526  l.NTEHUOGATORIES. 

7()  proi't  tut  ;;il.  Look  upon  tlio  papor-wriliiig  now  produced,  iVt. 
notice  ^ren.  B.  Of  whose  hand-writing  is  the  said  paper-writing, 
and  tlic  signature  tliereto,  and  the  superscription 
thereof?  Whetlier  or  no  was  the  said  paper-writing  sent 
to  the  said  Complainant,  or  any  person,  and  whom,  on 
his  beiiair,  at  any  time,  and  when,  by  you  or  by  your 
direction  ?  And  whether  or  no  was  you  eniph^yed  as 
the  solicitor  or  attorney  of"  the  said  Delendants  R.  K. 
and  C.  his  wile,  and  R.  W.  or  any,  or  either  or  which 
of  tiiem,  in  the  matter  ot'  the  purchases  made  by  the 
said  Complainant,  and  in  the  said  bill  mentioned  ?  De- 
clare, «S.'C. 

Lastly.  [The  usual  one.] 


Jiiunugatoiie6  to  prove  what  passed  at  the  Purchase  of  an 

Estate. 

liilonogatorios  to  be  administered  to  witnesses 
to  be  produced,  sworn,  and  examined,  in  a 
certain  cause  depending  in  the  High  Court  of 
Chancery,  wherein  J.  E.  is     -     Complainant, 

and 
r.  II.  is Defendant. 

On  liie  |>art  and  behalf  of  the  Complainant  as  follows  : 

Isl.  Interrogatory.  Do  you  know  the  parties,  Com- 
plainant and  Defendant,  in  the  title  of  these  interroga- 
tories named,  or  either,  anil  wliicli  of  them  respectively  ? 
Declare  the  truth,  and  your  knowledge  herein. 

2i\.  Whether  or  no  were  you,  at  any  time  or  times, 
and  when,  previous  to  the  agreement  between  the  said 
Complainant  and  the  said  Defendant,  respecting  the 
purcliase,  by  the  said  Defendant,  of  the  house  and  pre- 
mises of  the  said  Com|)lainant  at  ,  pre- 
sent at  any  conversation  or  conversations  which  passed 
between  the  said  Complainant  and  the  said  Defendant, 
upon  the  treaty  for  the  said  purchase  ?  If  yea,  set  forth 
the  particulars  of  such  conversations,  and  what  was 
said  tlicrein  by  the  said  Complainant  to  the  sai<l  I  de- 
fendant, respecting  his  title  to  the  said  premises ;  and 
whether  any  thing,  ami  wliat  was  said  by  the  said  Com- 
plainant to  the  said  Defendant,  as  tu  the  title  to  the 


INTERROGATORIES.  527 

Mf-'wly  iiitloned  ground  in  front  of  the  said  premises ; 
set  fortli  all  and  «;very  the  matt^-rs  and  things  aforesaid, 
according  to  the  best  of  your  knowledge,  remembrance, 
information,  and  belief. 

:U\.  Whetlirr  or  no,  at  any  time,  and  wlien,  after  the 
agreement  Ix-tween  the  said  Coniplainant  and  the  said 
Defendant,  respecting  the  said  purchase,  did  the  said 
Defendant  «lesin'  you  to  romnmnirate  to  the  said  Com- 
[>lainant  any  projiosal,  on  his  part,  as  to  his  being  re- 
leased from  the  said  agreement  ?  If  yea,  set  forth  the 
particulars  of  such  proposal,  and  when,  and  upon  what 
occasion  the  said  Delendant  made  the  same  ?  Set 
forth,  «Vc. 

Lastly.  Do  you  know  of  any  other  matter  or  thing, 
or  have  you  heard,  or  can  you  say  any  thing  touching 
the  matters  in  (pieslioii  in  this  rase-,  that  may  tend  to 
tli<!  benefit  and  advantage  of  the  Complainant  in  this 
cause,  besides  what  you  have  been  interrogated  onto  ? 
De«lar<;  the  same  fully  and  at  large,  as  if  you  had  been 
particularly  inteiiogaled  tlureto. 


fntcrrogutorics  (o  prove  ilw  Sale  of  Premises  by  Auction, 
and  the.  ylirrccmcnt  thereto. 

Interrogatories  to  be  exhibited  to  witnesses,  &c. 
wherein  J.  \\.  is  .         Complainant, 

and 
R.  H.  is         .         .         .         .         Defendant. 

On  the  pail  and  behalf  of  the  Complainant,  as  follows  : 

1st.  Interrogatory.  Do  you  know  the  parties.  Com- 
plainant and  Defendant,  in  the  title  of  these  interro- 
gatories naineil,  or  either,  and  which  of  them,  and 
how  long  have  you  known  them,  or  cither,  and  which 
of  them  ?  Declare  the  truth,  and  your  knowledge 
lierein. 

2d.  Whether  or  no  did  you,  or  any  person,  and 
whom,  in  partnership  with  yon,  at  any  time,  and  wlicn, 
and  by  whose  order  or  aulhoiity,  cause  the  premises  in 
the  plejidings  in  this  cause  nienlioned  amongst  other?, 
\o  be  advertised  tor  sale  by  auction,  and  vvhetiier  or  no 
did  you.  or  any  person,  and  whom,  in  pai  fnership  with 


328  INTERROGATORIES. 

you,  at  any  time,  and  when  and  where,  and  by  whose 
order  or  authority,  put  up  the  sai^'premises  to  sale  by 
public  auction,  and  were  the  same  described  as  lot  1. 
or  as  wliat  other  lot  at  the  said  auction ;  and  whether 
or  no  did  any  and  what  conversation  pass  between  you 
and  the  said  Defendant,  previous  to  the  said  lot  being 
put  up,  as  to  the  price  at  wliicii  tlie  same  should  be 
sold,  and  whether  or  no  did  the  said  Defendant  bid  for 
the  said  lot,  and  how  much,  and  to  whom  was  the 
said  lot  knocked  down,  and  at  what  price ;  and  was  it 
so  knocked  down  fairly  and  bona  Jide,  or  how  other- 
wise ?  And  had  tiie  said  Defendant  any  time  or  oppor- 
tunity to  make  a  further  bidding ;  and  did  the  said  De- 
fendant, when  the  same  was  so  knocked  down,  pub- 
licly or  otherwise,  and  how,  object  thereto,  or  when 
first  did  the  said  Defendant  object  to  the  said  sale  ? 
Set  forth,  &c. 
To proi'ii  the  3d.  Look  upon  the  paper-writing  now  produced, 
memorandum  &c.  of  whose  hand-writing  is  tlie  said  paper-writing, 
or  receipt  sign-  and  every  part  thereof,  and  in  particular  the  signatures 
cd  by  auctioneer,  of  "  John  White  and  Son,"  set  and  subscribed  there- 
to, and  whether  or  no  iiad  you  authorily  from  the  said 
Defendant  to  set  and  subscribe  your  name  to  such  me- 
morandum or  receipt,  or  to  sign  any  agreement  as  to 
the  sale  of  tlie  said  premises  ?  And  is  it  the  usage  for 
j)ersons  employed  as  auctioiufers,  to  sign  such  memo- 
randum, receipts,  or  agreements,  on  the  part  of  the 
persons  by  whom  they  are  employed  to  sell ;  and  wlie- 
ther  or  no  had  you  then  actually  received,  from  the 
said  complainant,  the  said  sum  of  £  or 

for  what  reason  did  you  give  a  receipt  for  the  said  sum 
as  if  you  had  actually  received  it  ?  Set  forth,  &c. 
To  prove  the  4tli.  Look  upon  the  paper-writing  now  produced, 
afrrecinent  sif^n-  <1t,  of  whose  hand-writing  is  the  said  agreement,  and 
ed  hij  I'laiuiiify  wliPther  or  no  was  tlie  same  signed  by  any  person,  and 
and  the  circinn-  whon),  in  your  presence;  and  is  your  name,  set  and 
atatires  of  the  subscribed  as  a  witness  thereto,  of  your  proper  hand- 
»ale.  writing:    where  was    the  said  agreement  written  and 

signed,  and  was  the  said  Deffiuiant  then  present;  and 
did  he  m;ike  any  and  what  objection  thereto,  and  whe- 
ther or  no  wpre  you  jircsent  when  the  sale  of  the  said 
lot  took  place;  and  if  yea,  slate  what  passed  there- 
upon,   and  whether  \vhen    the    said    lot  was    knocked 


INTERROGATORIES.  529 

down  to  the  said  Complainant,  any  and  wliat  objection 
was  made  thereto  by  the  said  Defendant  ?    Set  fortii, 

Lastly.  Do  you  know  of  any  other  matter  or  thing, 
or  have  you  iieard,  or  can  yon  say  any  thing  tonciiing 
the  matters  in  question  in  this  cause,  tliat  loay  tend  to 
tiie  benefit  and  advantage  of  the  Complainant  in  this 
cause,  besides  what  you  have  been  interrogated  unto  ? 
Declare  the  same  fully,  and  at  large,- as  if  you  had  been 
particularly  interrogated  thereto. 

Opinion. — T^ie  question  in  this  case  is,  whether  any  memorandum  of 
the  sale  was  signed  by  any  person  lawfully  authorized  by  the  Defendant, 
and  the  only  paper  that  can  be  stated  to  have  tliat  eflect,  is  the  memoran- 
dum and  receipt  of  the  £  mentioned  in  the  bill  to  have  been 
signed  by  one  of  the  Whites. 

The  agreement  signed  by  the  Plaintifi"  does  not  bear  upon  the  diffi- 
culty of  the  case.  If  the  evidence  comes  up  to  the  representation  of  it,  I 
think  the  PlaintiH'will  succeed;  but  the  case  is  not  without  doubt. 


Interrogatories  as  to  Sale  of  Estates,  defective  Tide  in 
Vendor.  Plaintiffh  Title.  Purchase  less  than  valu- 
able   Consideration.      Conversation   about    litle,    Fine, 


i'C, 


Between  L PlaintifT, 

and 
P.      ....      Defendant. 

1st.  [Knowledge  of  the  parties.] 

2d.  Knowledge  of  N.  L.  in  the  pleadings  named. 
PlaintifT's  late  grandfather,  deceased,  in  his  life-time, 
and  for  how  long  before  his  dea»h,  and  when  or  about 
what  time  did  he  die  ?  Declare,  &c. 

od.  Whether  or  no  do  you  know,  and  have  you  or  not, 
at  any  and  how  long  time,  known  or  been  acquainted 
with  a  messuage,  or  tenement,  and  premises,  situate, 
&c.  now  called  or  known  by  the  name  of,  &c.  and 
heretofore,  or  formerly  called  or  known  by  the  name 
of,  &c.  and  late  or  heretofore  the  estate  of  the  said  N. 
L.  ?  Declare,  &c. 

68 


530 


INTERROGATORIES. 

4th.  Whether  or  no  did  the  said  N.  L.  ever,  and 
when,  in  his  life-time,  sell  or  dispose  of  the  messuage, 
or  tenement,  and  premises,  in  the  third  interrogatory 
mentioned  or  inquired  after,  to  the  said  Defendants,  or 
any  and  uhicJi  of  them,  or  to  any  and  what  other  per- 
sons or  person,  and  who  by  name,  and  for  what  sums 
or  sum  of  money,  or  for  any  other  and  what  consi- 
deration ;  and  were  or  was  not  the  same,  or  any  and 
what  part  thereof,  by  any  and  what  deeds  or  deed,  or 
otherwise,  and  how,  conveyed,  and  by  uhom,  and  parti- 
cularly, whether  or  not  by  the  said  N.  L.  to  such  pur- 
chasers or  purchaser,  or  any  and  which  of  them  ?  Had 
or  not  such  persons  or  person,  purchasers  or  pur- 
chaser, or  any  and  which  of  them,  at  any  and  what 
time,  before  or  at  the  time  of  making  of  such  purchase, 
or  of  the  execution  of  the  conveyance  of  the  said  pre- 
mises, or  of  the  payment  of  the  whole,  or  any  and 
what  part  of  the  purchase-money  or  consideration  for 
the  same,  and  by  what  means,  any  and  what  know- 
ledge, notice,  or  information,  that  the  title  of  the  said 
N.  L.  to  the  said  messuage,  or  tenement,  and  premises, 
or  any  and  what  part  thereof,  was  defective,  or  that  he 
had  not  full  power  or  authority  to  sell  or  dispose  of  the 
same,  or  of  the  inheritance  thereof,  or  that  any  and 
what  other  person,  and  who  by  name,  had  any  right, 
title,  claim,  or  interest  thereto  or  therein,  or  to  or  in  any 
and  what  part  thereof  as  yoii  know,  or  for  any  and  what 
reason  believe  ?  Declare,  «.Vc. 

5th.  Whether  or  lui  had  the  purchaser  or  purchasers 
of  the  said  messuage.,  or  tenement,  and  premises,  in 
the  said  third  interrogatory  mentioned  or  inquired  after, 
or  any,  or  either,  and  which -of  them,  at  any  and  what 
time,  before  or  at  the  time  of  the  making  such  purchase, 
or  of  the  executing  .the  conveyance  of  the  said  premises, 
or  of  the  payment  of  the)  whole,  or  a-uy  and  what  part 
of  the  pwrchase-money  for  the  same,  and  by  what  means, 
any  and  what  knowledge,  notic^e,  or  inforfiiation  that  the 
•Complainant  had  any  and  what  right,  title,  claim,  or  in- 
terest thereto  or  therein,  or  to  or  in  any  and  what  part 
thereof?  Declare.^  Sec. 

Gth.  Whether  or  no  was  the  price,  or  the  suns  of  ui<>- 
ney  paid  by  the  said  purcjiasers  or  purchaser  of  the 
said  messuage,  or  teneracni,  and  premises,  as  in  the 


INTERROGATORIES.  531 

said  preceding  interrogatory  is  mentioned  and  inquired 
after,  the  full  or  utmost  price  or  value  thereof,  or  was 
or  not  the  same,  and  for  what  reason  less,  and  by  how 
much  less  than  tlie  full  value  tiiereof,  in  case  a  good 
title  could  have  been  made  thereto,  to  such  purchasers 
or  purchaser ;  were  or  not  the  same  purchased  for 
some,  and  what  sum  of  money  less  than  the  real  and 
full  value  thereof,  on  account  of  some  and  what  defect 
in  the  title  of  the  vendors  or  vendor  thereof,  and  who 
by  name,  in  the  title  thereto  or  therein,  or  was  or  not 
some  and  what  deduction  or  allowance  made  out  of  the 
purchase-money  for  the  same,  or  such  or  some  and  what 
other  account  ?  Declare,  itc. 

7th.  Whether  or  no  did  you  ever,  and  when,  on  any 
and  what  occasion,  hear  the  said  Def^endants,  or  any 
and  which  of  them,  say  or  declare  any  thing  and  what, 
touching  or  concerning  their,  or  any  and  which  of  their 
right  or  title  to  the  aforesaid  messuage,  or  tenement, 
and  premises,  or  any  and  what  part  thereof,  or  any  de- 
fect therein,  or  touching  or  concerning  the  right,  title, 
interest  or  claim,  of  any  and  what  other  porsons  or  per- 
son, and  who  by  name,  thereto  or  therein  ?  Set  forth  all 
and  every  the  particulars,  and  when  and  where,  and 
before  whom,  or  in  whose  presence  or  hearing,  and 
upon  what  occasion  the  same  or  any  of  them  were  or 
was  made.  Had  you  or  not  ever,  and  when,  any  and 
what  conversation  with  the  said  Defendants,  or  any  and 
which  of  them,  touching  their,  or  any  and  which  of  their 
right  or  title  to  the  aforesaid,  premises,  or  any  and  what 
part  thereof?  Declare,  &rG. 

8th.  Wiiether  or  no  are  you  the  master  or  keeper 
of  any  and  what  office  or  place  in  which  the  records  of 
fmes  suffered  of  estates  or  lands  situate,  &:c. }  If 
yea,  for  how  long  have  you  acted  or  been  employed 
therein,  and  are  or  not,  and  have  or  not  such  records, 
or  any  and  which  of  them  been,  for  any  and  how  long 
lime  in  your  custody  or  possession  ?  Whether  or  no 
were  any  and  which  of  such  records,  and  from  and  to 
what  time  in  |>articular,  and  when  and  about  what 
lime  lost,  or  in  any  and  what  manner  destroyed  ?  Il 
yea,  have  or  not  you  any  and  what  reason  to  know  or 
ascertain,  what  particular  records  or  record  of  fines, 
were  or  was  upon  such  occasion  lost  or  destroyed,  and 
w  ere  or  was  or  not  any  indentures  or  record  of  any 


532 


iNTEJlKOGAlORlKfc. 

lines  or  fine,  levied  by  any  and  what  jjersons  or  person, 
and  who  byname,  of  the  messuage,  or  tenement,  and 
premises  hereinbefore  mentioned  and  inquired  after, 
•upon  such  or  any  and  what  occasion  lost  or  destroyed, 
as  you  know,  or  for  any  and  what  reason  believe? 
Declare,  tSrc. 

Lastly.  [Usual  interrogatory.] 


Interrogatories  respecting  the  Purchase  of  Estates,    and 
as  to  Objections  on  the  Title. 

To  prove  the         1st.  Interrogator}'.      Look  upon  the  printed  paper, 
pnvted  parti'      or  particular  of    sale   now  produced,  &c.   whether  or 
cular  hy  the  ex-     no  was  you   at  aii}^  time,   and  when,  employed  by  any 
amination    of      person  or  persons,  and  whom,  to  sell  the  said  estates 
the  auctioneer,     and    premises,  in  the    said    particular   described,    and 
whether    or    no   was    the  said  particular  printed   and 
published    by  your  order,  or  by   whose  order,  as  you 
know,  or  for  any  and  what  reason  believe  ?     Declare, 
&c. 
To  prove  the         2d.  Whether  or  no  were  you  at  any  time,  and  when, 
estimated  value     employed  by  to  estimate  the  value  of  the  estate 

of  land  hy  the  and  premises  described  in  the  printed  particular  of  sale 
examination  of  marked  A,  now  produced,  &-c.  ?  If  yea,  did  you 
the  surveyor.  form  your  estimate  of  the  value  from  any  actual  survey 
and  admeasurement,  or  from  any  and  what  other  in- 
formation, respecting  the  quantity  of  lands  to  be  sold, 
and  in  particular  in  forming  such  valuations  ?  At  what 
quantity  did  you  compute  certain  lands,  part  of  the 
said  estate  called  the  and  whetlier  or  no 

should  you,  in  any  and  what  manner,  have  reduced   the 
estimate  of  the  value  of  such  estate  and  premises,  if 
you  had  known  that  the  said  lands,  called  the 
contained  a  less   number  of  acres  than   they  were  so 
computed  at  by  you  ? 
To  prove  de-         3d.  Whether  or  no  did  you,  at  any  lime,  and  when,  as 
livery    of    ah-     the  solicitor  of  the  said  Complainants,  deliver  to  the  said 
8tract.  Defendants,  or  to  any  person,  and  whom,  on  his  part, 

any  abstract  of  the  title  of  the  said  Complainants  lo 
the  estate  and  premises,  in  the  pleadings  mentioned  ? 
Whether  or  no  did  the  said  Defendant,  or  any  person, 
and  whom,  on  his  part,  at  any  time,  or  times,  and 
when,  and  how,  make  lo  you  any,  and  what  objec- 
tions to  the  said  title,   and  what  answer  did  you  there- 


INTERROGATORIES. 


533 


u[)on  make,  and  if  by  writing,   set  forth  the  same  in 
llic   words   and   figures   thereof,   and   what  afterwards 
passed  between  you  and  the  said  Defendant,  or  any 
other  person,  and   whom,  on  his  part,  respecting  tlie 
said  title,  or  tiie  agreement  of  purchase  in  tlie  pleadings 
mentioned  ?  Set  forth,  &c. 
To  prove  the         4th.  Whether  or  no  did  you  ever,  and  when,  and  by 
aitual  qunntity     whose  employment,  make  a  survey  and  admeasurement 
hy  admeasure-     of  certain   lands,   called  the  S.,    situate  in  the  parish 
ment.  of  C,  in  the  county  of  ?  If  yea,  of  what  num- 

ber of  acres  do  the  said  lands  consist  ?  Declare,  &;c. 
To  prove  that         oth.  Whether  or  no  had  you,  at  any  time,  and  when, 
the    objections     previous  to  the  making  of  the  agreement  of  the  , 

were  made  at  in  the  pleadings  in  this^  cause  stated,  and  upon  what 
the  time  of  the  occasion,  any  and  what  commimiration  with  the  said 
agreement.  Plaintifl',  as  to   the  title  of  the  said   Defendant  to  the 

premises  comprised  in  the  said  agreement  ?  And  did 
the  said  Plaintiff  at  anytime,  and  when,  and  ujion  what 
occasion,  previous  to  the  making  of  the  aforesaid 
agreement,  state  to  the  said  Defendant,  or  to  you,  or 
to  any  other  person,  and  whom,  as  the  solicitor  or 
agent  of  the  said  Defendant,  that  there  existed  any, 
and  what  objections  to  the  title  of  the  said  Defendant 
to  the  said  premises ;  and  in  particular  any,  and  what 
objections,  by  reason  that  one  R.  B.  had  not  j,oined  in 
the  conveyance  of  the  said  premises  to  the  said  Defen- 
dant, or  any,  and  what  objections,  by  reason  that 
one  A.  S.  claimed  to  have  some  right  or  interest  in  tiie 
said  premises,  and  for  what  purpose  did  the  said  Plain- 
tiff state  the  said  objections  to  the  title  of  the  said  De- 
fendant to  the  premises ;  and  had  the  said  objections 
any,  and  what  effect  as  to  the  price  which  the  said 
Defendant  agreed  to  accept  from  the  said  Plaintiff  for 
the  said  premises  ?     Declare,  &c. 


Interrogatories  to  prove  an  Assignment,  made  previous  to 
Bunkrupicy,  was  fraudulent. 

Interrogatories  to  be  exhibited,  Sec.  wherein 
AV.  R.  and  J.  P.,  assignees  of  the  estate  and 
effects  of  E.  T,,  a  bankrupt,  are  Complainants, 

and 
T.  II,  is      -    -    -    -    -.    -     .       Defendant. 


^^34  INTERROGATORIES. 

On  the  part  and  behalf  of  the  Complainant,  as  follows  : 

1st.  [Knowledge  of  parties.] 

2d.  Had  you  at  any  time,  and  when  first,  und  where, 
and  in  whose  presence,  any  conversation  with  the 
Defendant  respecting  the  affairs  of  E.  T.  the  bank- 
rupt, in  the  pleadings  of  this  cause  nanxed  ?  If  yea, 
set  forth  upon  what  occasion  such  conversation  took 
place,  and  the  particulars  of  such  conversation,  and 
what  was  said  thereon  by  the  said  Defendant,  or  by 
you,  or  any  other  person  or  persons,  to  or  in  the 
presence  or  hearing  of  the  said  Defendant  respecting 
the  affairs  of  the  said  E.  T. ;  and  was  any,  and  what 
agreement  then  come  to  by  you,  on  the  part  of  the  said 
E.  T.,  with  the  said  Defendant,  respecting  the  as- 
signment of  any,  and  what  leases ;  or  w  as  any  thing, 
and  what,  then  said  by  the  said  Defendant,  or  by 
you,  or  any  other  person,  and  whom,  to  the  said  De- 
fendant, or  in  bis  hearing,  respecting  any  such  assign- 
ment ?  And  did  you  then  inform  the  said  Defendant 
that  the  said  E.  T.  was  in  insolvent  circumstances,  or 
did  any  thing,  and  what,  pass  as  to  the  insolvency  of  the 
said  E.  T.,  or  as  to  any,  and  what  composition  being 
made  or  proposed  to  his  creditors,  or  as  to  the  said 
Defendant's  guaranteeing  such  coniposition  ?  Set 
forth,  <tc. 

3d.  Had  \ou,  at  any  time  or  times,  and  when,  after- 
wards, before  the  said  commission  of  bankrupt  was 
taken  out  against  the  said  E.  T.,  any  other  conversa- 
tion or  conversations  with  the  said  Defendant  respect- 
ing the  affairs  of  the  said  E.  T.,  and  where,  and  in 
whose  presence,  and  upon  what  occasions,  respecting 
^uch  affairs  ?  If  yea,  set  forth  the  particulars  of  such 
conversation  or  conversations  in  the  order  in  which  the 
same  took  place,  and  what  was  said  thereon  respec- 
tively by  you,  or  tlie  said  Defendant,  or  any  other 
person  or  persons,  and  whom,  in  his  presence  or  hear- 
ing ?  And  was  any,  and  w  hat  agreement  come  to,  or 
;;ny  thinu.,  and  what,  said,  in  any,  and  which  of  such 
<:onvcr.sations.  as  to  the  assignment  of  any,  and  what 
leases  by  the  said  E.  T.  to  the  said  Defendant  ?  And 
did  any  thing,  and  what,  pass,  in  any,  and  which  of 
sncli  conversations,  as  to  the  insolvency  of  the  said 
E.  T.,  or  as  to  any,  and  what  composition  being  made 
or  proposed  to  his  creditors,    or  as   to  the  said  De- 


INTERROGATORIES.  535 

fendant  guaranteeing  such  composition  ?  Set  forth,  &c. 

4th.  Whon  first  did  you  inform  the  said  Defendant, 
or  did  you  learn  from  him  that  lie  knew  or  suspected 
the  insolvency  of  the  said  E.  T.  ?  And  when  first  did 
any  thing,  and  what,  pass  between  you  and  the  said  De- 
fendant, or  ati}'  other  person  and  the  said  Defendant,  in 
j'our  presence  or  hearing,  respecting  a  composition  to 
be  made  or  proposed  to  the  creditors  of  the  said  E.  T.  ? 
And  when  first  did  the  said  Defendant  agrvc  to  guaran-- 
tee  such  composition  ?  Set  forth,  <lc. 

Lastly.     [The  general  interrogatory/] 

These  interrogatories  were  exhibited  to  the  clerk  of  tiie  bankrupt,  whd 
irad  discovered  liis  insolvency  and  informed  the  Defendant  of  it. 


Interrogatories  as  to  a  Bankrupt's   Conne-xion  with  a 
certain  Co-partnership. 

fn  the  matter  of  W.  P.,  a  bankrupt. 

Interrogatories  exhibited  before  N.  S.,  esq.  one 
of  the  Masters  of  the  High  Court  of  Chan- 
cery, to  whom  this  matter  is  transferred  on 
the  part  of  T.  B.,  esq.  for  the  examination 
of  the  said  bankrupt,  in  pursuance  of  the 
order  of  the  Lord  High  Chancellor,  made  Jn 
this  matter,  bearing  date,  &c. 

1st.  Interrogatory.  What  was  the  nature  of  the  part- 
nership which  subsisted  between  the  said  T.  B.  and  G.  P. 
and  yourself,  and  what  business  was  carried  on  by  you  as 
partners  ?  Was  or  was  not  the  said  T.  B.,  at  any  time, 
and  when,  in  any,  and  what  manner  concerned  or  in- 
terested with  the  said  G.  P.  and  youi-sclf  in  the  business 
of  a  broker .''  W^as  it,  or  was  it  not,  ever,  and  when, 
agreed  or  understood,  by  or  Ijelween  you  and  the  said 
G.  P.  and  T.  B.,  that  he  the  said  T,  B.  should  receive 
any,  and  what  part  of  the  loss  that  njight  arise  from 
such  brokage  business  }  Did  or  did  not  5'ou  and  \ht 
said  G.  P.,  or  eitiier,  and  which  of  you,  cany  on  the 
Iwisiness  of  a  broker,  previously  to  the  commencement 
of  your  partnership  \y't[h  ih''  ?n>id  T.  B.  -     Wa'  oi'  v.-as 


536  liNTtKRGGAXOillLS. 


uut  the  said  brokage  business  profilablc  in  any,  and  hov 
many  of  the  years  during  which  you  were  in  partner- 
ship with  the  said  T.  B.  ?  From  what,  and  in  what 
manner  did  the  profits  of  snch  brokage  business  arise? 
Was  or  was  not  any,  and  what  part  or  share  of  the 
profits  of  such  brokage  business,  at  any  time,  and  when, 
during  the  continuance  of  tlie  said  |)artnership  between 
you  and  the  said  G.  P.  anil  T.  1?.,  paid  or  allowed  to 
the  said  T.  li. ;  or  did  he,  or  did  he  not,  derive  any, 
and  what  benefit  or  advantage  tlierefrom  ? 

'2d.  By  whom  were  the  books  of  account  of  the  said 
partnership  kept  during  the  contin:iance  thereof?  Des- 
cribe particularly  the  several  books  of  account  which 
were  so  kept  of  the  business  in  which  you  were  so  con- 
cerned, either  jointly  with  the  said  G.  P.  and  T.  B.. 
or  with  the  said  G.  P.  only  ?  By  what  names  or  de- 
scriptions were  such  books  respectively  called  or  known  ? 
Were  or  were  not  the  accounts  of  the  said  brokage 
business  included  in  all,  or  any,  and  which  of  such 
books,  together  with  the  accounts  of  the  mercantile 
business  ?  And  if  so,  for  what  reason  were  the  accounts 
of  the  said  two  businesses  included  in  the  same  books  ? 
In  what  manner  were  the  prolits  of  the  mercantile 
business  respectively  carried  to  account  in  such  books, 
or  any  of  them  ?  In  the  manner  in  which  sucii  books 
were  kept,  could,  or  could  not,  the  brokage  accounts 
be  distinguished  fiom  the  oilier  accounts  in  the  said 
books,  or  the  profits  of  the  brokage  business  be  sepa- 
rated iVoni  the  profits  of  tlic  general  business  of  the 
said  house? 

3d.  In  what  manner,  and  at  what  porioils,  were  the 
balance  sheets  of  the  said  accounts  made  up  ?  Were  or 
wore  not  snch  balance  siicets,  from  time  to  time,  de- 
livered to  the  said  T.  D.  ?  li'  yea,  for  w  hat  reason,  and 
for  wliat  purpose,  were  such  balance  sheets  made  u[> 
and  delivered  to  the  said  T.  B.  ?  Did  you,  or  did  you 
not  at  any  time,  and  when,  during  the  continuance  of 
the  said  partnership  between  the  said  G.  P.,  and  T.  B., 
and  vourself,  consi(Jer  the  said  T.  B.  entitled  to  any. 
and  what  share  or  [jroportion  of  the  profits  of  the  said 
brokage  busiin'ss  ?  And  if  he,  the  said  T.  B.,  had  de- 
manded any  share  or  proportion  of  such   profits  in  the 


INTERROGATORIES. 


537 


•years  when  such  business  was  profitable,  should  you,  or 
should  you  not,  have  complied  with  such  demand  ? 

Lastly.  Do  you  know  any  other  matter  or  thing,  not 
hereinbefore  particularly  intjuired,  which  may  tend  to  the 
benefit  or  advantage  of  the  said  T.  B.  in  this  matter  ? 
If  yea,  set  forth  the  same  fully  and  at  large,  as  if  you 
had  been  thereunto  particularly  interrogated. 


Interrogatories  exhibited  before  Commissioners  of  Bankrnpt, 
*  as  to  the  Bankrupt  and  his  Estate. 

Interrogatories  exhibited  before  the  commission- 
ers named  and  appointed  in  a  commission  of 
bankrupt  awarded  and  issued  against  J.  D. 
for  the  examination  of  T.  G.  V.,  of  the  city 
of  B.,  merchant,  before  the  said  commis- 
sioners. 

1st.  [Knowledge  of  the  bankrupt.] 
2d.  Whether  or  no  did  the  said  J.  D.,  for  any,  and 
how  long  time,  before  he  became  a  bankrupt,  or  before 
a  commission  of  bankrupt  was  awarded  and  issued 
against  him,  carry  on  any,  and  what  trade,  in  or  at,  &:c. 
or  in  or  near  any,  and  what  other  places  or  place  ? 
What  in  particular  was  the  nature  of  such  trade?  AVas 
the  same  in  any,  and  what  degree  profitable,  or  other- 
wise ?  Was  you,  or  not,  during  the  whole,  or  any,  and 
what  part  of  such  timf^,  and  by  what  means,  and  in 
what  manner,  conversant  with  the  nature  and  extent  of 
such  trade,  or  the  concerns  thereof,  or  the  mode  or 
manner  in  which  the  same  was  conducted  by  the  said 
J.  D.  and  whether  or  not  with  the  debts  and  credits, 
profits  and  losses  thereof?  Had  you,  or  not,  during  the 
whole,  or  any,  and  what  part  of  the  lime,  and  whether 
or  not  immediately,  and  at  some,  and  what  time  in  par- 
ticular, preceding  the  issuing  of  the  said  commission  of 
bankrupt,  the  liberty  or  opportunity  of  perusing,  ex- 
amining, or  inspecting  all>  or  any,  and  which  of  the 
books  of  accounts,  and  other,  and  what  books  and  pa- 
pers relating  of,  or  concerning  the  said  trade  of  the 
'  said  bankrupt,  or  his  affairs  ?  And  did  you  not,  from 
time  to  time,  or  at  some,  and  what  times,  at  your  own 

69 


•^38  INTERROGATORIES. 

will  and  pleasure,  or  how  otherwise,  peruse,  examine, 
or  inspect  the  same,  or  some,  and  what  part  thereof,  or 
for  what  reason  was  such  examination  had  or  made  r 
Declare,  &c. 

3d.  Whether  or  no  was  the  said  J.  D.  on  or  about, 
&c.  indebted  to  you  in  any,  and  what  sum  of  money  ? 
If  yea,  set  forth  the  exact  amount  thereof,  and  how  you 
compute  or  make  out  the  same.  Was  or  not  the  said 
debt,  by  any,  and  what  means,  lessened,  &c.  at  any 
times  or  time,  and  when,  between  that  time  and  the  date 
of  suing  forth  of  said  commission  ?  Declare  &c. 

4th.  In  what  degree  of  credit  and  circumstances  was 
the  said  J.  D.  upon  or  about,  &c.  ?  Were  or  not  his 
credit  and  circumstances  then  good,  or  were  ihey  in 
any,  and  what  degree  bad  or  desperate  ?  Was  he  or 
not  then  in  circumstances  unable  to  pay  all  the  debts 
due  or  owing  from  him  as  you  know,  or  for  any,  and 
what  reason  believe  ?  Did  you,  or  not,  then  conceive 
that  the  said  J.  D.  was  insolvent,  or  that  he  would  be- 
come a  bankrupt,  or  that  a  commission,  &c.  would  be 
issued  against  him  ?  If  yea,  what  were  the  grounds,  &c. 
for  such  belief  ?  Declare,  &e. 

5th.  Whether  or  no  was  any  plan  ever,  and  when, 
previously  to  the  bankruptcy,  or  the  issuing  the  said 
commission,  formed  by  you  to  obtain  from  said  J.  D. 
any  sums  or  sum  of  money,  bills,  notes,  goods,  pro- 
perty, or  effects  of  the  said  J.  D.  to  be  applied  by  you 
in  or  towards,  or  in  payment  of  debts  then  due,  &c. 
from  him  to  you,  in  preference,  or  to  the  prejudice  of 
the  rest  of  J.  D.'s  creditors  ?  And  did  you,  or  not,  at 
some,  and  what  time  or  times,  and  how  often,  and 
when  in  particular,  and  whether  or  not,  on  or  about, 
&c.  apply  unto  the  said  J.  D.,  on  such  occasion,  or  for 
some  such,  or  the  like  purpose,  or  did  you,  or  not, 
make  some,  and  what  representations  to  the  said  J.  I). 
relating  thereto  ?  Why,  or  for  what  reason,  were,  or 
vvas  some,  or  any,  ajid  which  of  such  acts  done,  and 
whether  in  coiitenipUition  or  prospect  of  the  bank- 
ruptcy of  said  J.  D.  ?  And  did  you,  or  not,  then  know, 
believe,  or  suspect,  or  had  you,  or  not,  and  by  what 
means,  some,  and  wiiat  reason  to  believe,  &c.  that  the 
said  J.  D.  was  insolvent,  or  that  he  was  in  despe- 
rate   circumstances,    or    that    he    would    become,  or 


INTERROGATORIES.  ^        539 

was  in  danger  of  becoming  a  bankrupt,  or  that  a  com- 
mission, &c.  was  issued  against  him  ?  Did  you  or  not, 
make  some,  and  what  offer,  or  proposal,  promise,  or 
engagement  and  of  what  nature,  to  or  witli  the  said  J.  D. 
to  induce  him  to  comply  with  the  terms  of  such  offer, 
&c.  and  did,  or  not,  J.  D.  accede  thereto  or  comply  with 
such  terms  ?  Had  you,  or  not,  any,  and  what  conversa- 
tions or  conversation  with  J.  D.  relating  thereto,  or  upon 
the  subject  thereof?  Set  forth  the  particulars  fully,  and 
circumstantially.     Declare,  &c. 

6th.  Whether  or  no  did  said  J.  D.  on  or  about,  &c-. 
pay  unto  you  any,  and  what  sums  or  sum,  or  assign 
unto  you  any  and  what  debts,  &c.  due  and  owing  to 
him,  or  deliver,  unto  you  any  and  what  bills  ?  Set  forth 
all  such  sums  and  debts,  with  the  particulars  thereof, 
with  the  natures  and  values  tliereof  respectively ;  and 
whether  same  did  not  consist  of  all,  or  any,  and  which 
of  the  sums,  items,  articles,  or  particulars  following : 
viz.  &c.  For  what  reason  or  with  what  view  or  de- 
sign, were  or  was  the  same,  or  any,  and  which  of  them, 
paid,  or  given,  or  delivered  to  you  ?  And  whether  or 
not,  for  the  purpose  of  decreasing  or  diminishing  your 
own  private  or  separate  debt,  in  preference,  or  to  the 
prejudice  of  the  other  creditors  of  J.  D.  ?  And  whether  or 
not,  pursuant  to,  or  in  view  of  some  preconcerted  scheme 
by  or  between  you  and  said  J.  D.  or  one  and  which  of 
you,  did  you,  or  not,  then  by  some,  and  what  means 
know,  or  had  you  not  some,  and  what  means  of  know- 
ing, or  some  and  what  reason  to  believe,  and  did  you 
not  believe  that  said  J.  D.  was  insolvent,  or  unable  to  pay 
his  debts,  or  in  desperate  or  bad  circumstances,  or  that 
he  would  become,  or  was  likely  to  become,  a  bank- 
rupt, or  that  a  commission  had  issued,  or  would  issue ; 
and  particularly  whether  it  was  not  agreed,  or  meant,  in- 
tended, or  understood  by  and  between  you  and  J.  D.  or 
one  and  which  of  you,  that  a  commission,  &c.  should  be 
taken  out  upon  the  petition  of  you,  or  of  some,  and  what 
other  person  ?  Was  it  not  agreed  by  and  between,  &c. 
that  the  transaction  before  mentioned  and  inquired 
after,  should  be  concealed  from  all  the  creditors  of  J.  D.  ? 
If  yea,  why,  and  for  what  reason  was  the  same  to  be 
concealed,  and  whether  or  not  from  a  knowledge  that 
the  transaction  was  fradulent,  or  from  what  other  mo- 


^  ■ 

540  INTERROGATORIES^. 


tive  ?  Was  it  not  with  some  such  reason,  or  for  any  an<i 
what  other  reason,  agreed  by  and  between  you  and  J.  D. 
or  one,  and  which  of  you,  that  entries  should  be  made 
in  or  upon  some,  and  what  books  or  book  of  account 
of  J.  D.  of  the  aforesaid  transaction,  or  of  the  payment 
of  all,  or  any  and  which  of  the  sums,  or  of  the 

delivery  unto  you  of  all  or  any,  and  which  of  the 
goods,  or  effects,  bills,  drafts,  notes,  or  other  securities 
for  money,  hereinbefore  particularly  mentioned  and  in- 
quired after,  or  some  and  what  days,  or  at  some  and 
what  times  prior,  or  anterior  to  the  day  or  time  on  which 
same,  or  some  and  which  of  them,  were  respectively 
actually  paid  or  delivered  unto  you  ?  Declare,  &c. 

7th.  Whether  or  no  were,  or  was  any,  and  what  en- 
tries, &c.  ever,  and  when,  and  by  whom,  made,  in  or 
upon  any  books,  &c.  of  account  of  J.  D.  of  the  matters 
or  transactions  in  the  preceding  or  6th  interrogatory 
mentioned  ;  or  of  payment  unto  you  of  all,  or  any,  and 
which  of  the  sums,  or  of  the  delivery  of  all,  or  any,  and 
which  of  the  bills  notes,  or  other  securities  for  money, 
or  all  articles  of  goods  or  effects  in  same  interrogatory  ? 
Set  forth,  &c. ;  and  were  or  was  the  same,  or  any,  &c. 
and  why,  omitted  to  be  so  entered  ?  By  whose  orders 
or  directions  were  or  v/as  entries  made,  and  particularly 
whether  or  not  by  your  orders,  &c,  or  at  your  desire, 
Src.  or  with  your  concurrence  ?  Were  the  entries  which 
were  so  made,  or  wrote,  upon  the  several  days,  &c.  of 
the  days  affixed,  &c.  thereto  in  said  books,  on  which 
same  appear  in  the  said  books  to  have  been  made  or 
wrote,  or  whether  at  some  and  what  times  subsequent 
thereto  ? 


Interrogatory   relative   to  the  Solvency  of  a  Bankrupt   at 
the  Time  of  his  assigning  certain  Premises  to  particular 


Creditors. 


1st.    Whether   or   no    was    you,  on    or    about   the 

day  of  ,  and  for  how  long 

before,  employed  as  clerk  or  book-keeper  in  any  and 

what  trade  or  business  carried  on  by  the  Defendant, 

S.  F.  in  copartnership  with  his  brother  A.  F.  or  any 


INTERROGATORIES.  541 

other  person  or  persons,  and  whom,  and  at  what  place  ? 
If  yea,  whether  or  no  had  you  any  and  what  opportunity 
to  know,  and  did  you  know  the  circumstances  and  state 
of  credit  of  the  said  trade  or  business,  and  of  the  said 
S.  F.  and  of  the  other  person  or  persons  interested 
therein,  and  what  were  the  circumstances  and  state  of 
credit  of  the  said  S.  F.  and  of  the  said  other  person  or 
persons  in  or  about  the  said  day  of 

and  for  some  time  before  ?  Whether  or  no  as  you, 
for  any  and  what  reason,  know  or  believe  were  the 
Defendants,  or  any,  or  either,  and  which  of  tliem,  in 
any  and  what  manner  acquainted  on  or  about  the  said 
day  of  ,  with  the  circumstances  and  state 

of  credit  of  the  said  S.  F.  and  of  his  said  copartner  or 
copartners  ;  and  whether  or  no  did  the  said  Defendants, 
or  any  and  which  of  them,  at  any  time,  and  when, 
about  the  said         day  of  ,  refuse  payment  of  any 

draft  for  a  sum  of  ,  or  any  other,  and  what  sum, 

drawn  on  them,  or  some,  and  which  of  them,  by  the 
said  S.  F.  and  his  said  copartner  or  copartners,  or  any, 
and  which  of  them,  and  for  what  reason,  and  under 
what  circumstances  did  they  refuse  such  payment  ? 
State  the  particulars  of  the  several  matters  hereinbefore 
inquired  into,  fully  and  at  large,  and  the  truth  de- 
clare. 


Interrogatories  to  prove  a  Copartnership. 

Between  Our  Sovereign  Lord  the  Kin", 
and 
C.  T.  and  others,  .     Defendants. 

Interrogatories  exhibited  before   F.  I.  esq.  the 
deputy  to    his   Majesty's    Remembrancer    of 
the  Court  of  Exchequer,  for  the  examination 
of  witnesses  on  the  part  of  the  Defendants 
pursuant  to  an  order,  &c. 
1st.    [Knowledge  of  parties.] 
To  prove  the         2d.     Look  at  the  deed  or  writing  now  produced  or 
articles  of  co-     shewn  to  you  at  this  the  time  of  your  examination 
partnership.  marked  with  the  letter  A,  purporting  to  be   articles  of 

copartnership  between  the  said    W.    G.  and   the  said 


542 


IxVTERROGATORlES. 


A.  E.  Whether  or  no  was  the  same,  at  or  about  any, 
and  what  time  or  times,  signed,  sealed,  or  delivered  by 
any,  and  what  persons  or  person,  in  your  presence  ?  Are 
you,  or  not,  a  subscribing  witness  to  the  signing,  seal- 
ing, or  delivering  thereof,  by  the  said  W.  G.  and  the  said 
A.  E.  or  either,  and  which  of  them ;  of  whose  hand- 
writing is  your  name  now  appearing  to  be  subscribed 
or  indorsed  as  witness  thereto  ?  Declare,  &c. 
To  prove  the  3d.  Was  you,  or  not,  ever,  and  when,  and  for  how 
carrying  on  the     long,  between  the  day  of  ,  and 

business  before     the  day  of  ,  employed  at  , 

A.  E.-s  admis-     in  the  county  of  ,  in  the  conduct  or  raanage- 

sion  into  the  ment  of  any,  and  wiiat  trade  or  trades  carried  on  during 
partnership,  by  such  lime,  or  any,  and  what  part  of  such  time,  in  the 
the  book  of  the  name  of  the  said  W.  G.  and  any  other  and  what  per- 
tradc  bills.  son  or  persons  as  his  partner  or  partners  ?  And  if  yea, 

did  yoii,  or  not,  during  such,  or  any,  and  what  part  of 
such  time,  keep  any,  and  what  book  or  books,  for 
the  purpose  of  making  entries  of  any,  and  what 
kind,  respecting  the  dealings  and  transactions  of  such 
trade  or  trades,  or  either  of  them  ?  Look  upon  the 
books  produced  and  shewn  to  you,  at  this  the  time  of 
3'our  examination,  marked  respectively  with  the  letters 
;  were  not  the  several  entries  therein,  or  in  some 
and  which  of  them,  or  some  and  which  of  such  entries 
made  by  you  ?  And  if  yea,  when  and  upon  what  oc- 
casion, and  for  what  purpose  did  you  respectively  make 
such  entries,  and  what  do  the  same  respectively  pur- 
jiort  to  be ;  and  did  you,  or  not,  during  such  time,  or 
any  part  of  such  time,  and  when,  make  out  or  deliver 
any  bill  or  bills  to  any  person  or  persons,  and  to  whom, 
for  goods  sold  during  such  time,  and  when,  from  such 
trade  or  trades,  or  some,  and  which  of  them  ?  And  if 
yea,  to  whom  were  such  person  or  persons  charged  to 
be  indebted  by  the  title  of  the  said  bill  or  bills  ;  and  did 
you,  or  not,  during  such  time,  and  when,  receive  from 
any  person  or  persons,  and  whom,  any,  and  what  sura 
or  sums  of  money  for  goods  sold  from  the  said  trade  or 
trades,  or  some  and  which  of  them,  during  such  time  ? 
And  if  yea,  for  whom,  and  for  whose  use,  did  you,  by 
writing  or  otherwise,  and  how,  acknowledge  the  same 
to  be  received  ;  and  was  there  not,  during  such  time,  or 
some,   and   what  part  of  such  time,  some  written  or 


INTERROGATORIES. 


543 


painted  inscription  in  or  on  the  external  part  of  ti)e  shop 
or  warehouse  in  which  tlie  said  trade  or  trades,  or  some 
and  which  of  them,  were  carried  on,  denoting  the  name 
or  names  of  the  person  or  persons  by  wiiom,  or  upon 
whose  account  the  same  were  carried  on  ?  And  if  yea, 
set  forth  what  in  particular  was  such  writing  or  inscrip- 
tion in  the  very  words  thereof?  Declare,  &c. 

4th.    Same  as  3d  interrogatory,  except  after  the 
day  of 

5th.    Same  as  4th,  except  at  ,  instead 

of 
Examination  6th.    Look  upon  the  paper-writing  now  produced,  &c. 

of  messengers  marked,  &c.  purporting  to  be  a  proposal  of  heads  of 
to  prove  that  articles  of  copartnership  between,  &c.  ?  Whether  or 
the  heads  of  no  do  you  know,  or  are  you  acquainted  with  the  cha- 
articles  were  racter  of  hand-writing  in  which  the  same,  or  any  and 
delivered  to  what  parts  or  part  thereof  are  or  is  written  ?  If  yea,  set 
them  for  the  forth  of  whose  hand-writing  the  same,  or  any,  and 
purpose  of  what  parts  or  part  thereof  is  or  are ;  and  whether  you 

drawing  regu-  have  not  seen  such  persons  or  person  write  ?  Whether 
lar  articles,  and  or  no,  was  the  said  paper-writing  at  any  time,  and  when, 
ivhy  such  arti-  and  by  whom,  and  upon  what  occasion,  and  for  what 
cles  were  not  purpose  was  the  same  so  delivered  or  shewn  to  you, 
drawn.  and  what  thereupon  was  done  by  you,  or  by  any  other 

person,  and  whom,  by  your  order?  Declare,  &c. 
To  prove  part-        7th.    Look  at  the  deed  or  writing  now  shewn  to  you, 
nership,  &c.  marked,  &c.  purporting  to  be  articles  of  copart- 

nership between,  &c.  ?  Whether  or  no  did  you,  in  pur- 
suance of  such  articles,  or  upon  any  other  and  what 
terms  and  conditions,  and  when,  and  for  how  long,  car- 
ry on  any  and  what  trade  or  trades,  and  where,  in 
copartnership  with  the  said  A.  E.  ?  Declare,  &c. 

8th.  Look  at  the  paper-writing  now,  &c.  marked, 
&c.  purporting  to  be  a  proposal  for,  or  heads  of  articles 
of  copartnership  between,  &c.  ?  Whether  or  no  do  you 
know,  or  are  you  acquainted  with  the  character  or  man- 
ner of  hand-writing  in  which  the  same,  or  any  and 
what  parts  or  part  thereof,  are  or  is  written  ?  If  yea, 
set  forth  of  whose  hand-writing  the  same,  or  any  and 
what  parts  or  part  thereof;  and  whether  you  have  or 
not  seen  such  persons  or  person  write  ?  W^hen,  and  by 
whose  direction  was  the  said  paper-wriiing  sent  to,  or 
delivered  to  any  person  or  persons,  and  whom,  in  order 


544 


[JNTERKOGATORIES. 


that  regular  articles  of  co-partnership  might  be  drawn 
pursuant  thereto,  or  how  otherwise  ?    Whether  or  no 
did  _you,  for  any  time,  and  when,  and,  for  how  long,  and 
where,  carry  on  any,  and  what  trade  or  trades,  in  copart- 
nership with  the  said   T.  E.   upon  the  terms  stipulated 
and  expressed  in  the  said  paper-writing,  or  upon  any 
To  prove  the     and  what  terms  and  conditions?  Look  upon  the  printed 
advertisements      newspapers  now,  &c.  intitled  respectively  the,  &c.  and 
of  the  partner-     upon  the  advertisement  in  each  of  the  said  newspapers 
ship,    [two   or     marked,  &c,  ?    When   and   for  what  purpose,  and   by 
three  papers         whose  direction  were  the  said  several  advertisements,  or 
of  successive        some,  and  which  of  them,  inserted  in  the  said  several 
weeks  will    be     newspapers,  and  were  ti)e  same,  or  any  and  which  of 
SuflScient.]  them,  inserted  with  your  knowledge  or  approbation  ? 

Declare,  &c. 

Lastly,  [The  usual  interrogatory.] 


Interrogatories  to  prove  a  Partnership. 

Interrogatories  to  be  administered,  &c.  wherein 
S.  W.  is-------     Complainant, 

and 

T.  F.,  H.  J.  F.,  R.  F.,  S.  G.  F.,  M.  F.,  and 

S.  F.  are      -----       Defendants. 

On  the  part  and  behalf  of  the  Complainant,  as  follows  : 

1st.  [Knowledge  of  the  parties.] 

2d.  Whether  or  no  did  you  ever,  and  when,  first 
live,  and  in  what  situation,  and  at  what  age,  with  J,  F. 
and  R.  J.  F.  both  late  of,  &c.  but  now  deceased,  in  the 
pleadings  of  this  cause  respertively  named,  and  for  how 
long  did  you  continue  with  them,  and  when  did  you 
quit  them  ;  and  did  you  ever,  and  when,  return  to  them, 
and  for  how  long  did  3'ou  afterwards  remain  with  them, 
and  in  what  situation  ?  Whether  or  no  did  the  said  J.  F. 
ever,  and  when,  and  where,  and  how  often,  declare  to 
you,  or  in  your  hearing,  that  the  said  R.  J.  F.  was  his 
partner,  in  any  and  what  tradesor  businesses,  or  make  any 
declarations  to  such  and  what  eflect  ?  Whether  or  no  did 
you  ever,  and  when,  and  how  often,  by  the  directions  of 
th€  said  .J.  F.  make  out  bills  to  customers  of  the  said 
trades  or  business,  or   any  of  them,    in  the  name  of 


i.nterroGatouies.  i545 

J.  F.  and  company  and  who  was  intended  by  the  word 
company,  as  you  know  or  collected,  and  how,  from  the 
said  J.  F.  and  how  many  keys  were  there  to  the  till  of 
the  shop  in  which  the  said  businesses  were  carried  on,  and 
by  whom  were  such  keys  respectively  kept,  and  'vho 
had  access  thereto,  and  what  and  whose  expenses  were 
paid  therefrom  ?  What  name  or  names  was  or  w-ere  paint- 
ed over  the  shop  door  in  which  the  said  businesses  wc\e 
carried  on,  or  painted  or  engraved  on  the  passage  door 
of  the  house  in  which  the  said  J.  F.  and  R.  J.  F.  lived, 
and  by  whom  was  or  were  such  names  or  name  painted 
or  engraved,  and  who  was  or  were  intended  thereby, 
as  you  know,  or  for  any  and  what  reason  believe  ?  V.  ho 
appeared  to  act  as  masters  or  partners  in  the  said  trades 
or  businesses,  and  who  had  access  to  all  the  books  of 
the  said  trade  and  made  entries  therein,  and  gave  re- 
ceipts for  monies  received  and  in  what  names  ?  Whether 
or  no  did  the  said  R.  J.  F.  ever,  and  when,  and  how 
often,  in  the  presence  or  hearing  of  the  said  J.  F.  speak 
of  himself  as  a  partner  in  the  said  trades  or  businesses 
with  the  said  J.  F.  or  to  such  eflect ;  and  did  not  the 
said  J.  F.  upon  such  occasion  deny  or  admit  the  same, 
or  how  otherwise  ?  What  part  did  the  Complainant 
S,  W.  take  in  the  management  of  the  family,  or  of  the 
said  trades  or  businesses,  as  you  know  or  believe  ?  Set 
forth  the  particulars,  &c. 
To  examine  3d.  What  is  your  trade  or  business,  and  where  do 
fradesmenas  to  you  live?  Whether  or  no  did  you  ever,  and  when,  and 
their  know-  for  how  long  deal  in  any  and  v/hat  goods,  with  J.  F.  or 

ledge  of  a  part'     R.  J.  F.  late  of,  &c.  but  now  deceased,   and  in  the 
nrrsh'p.  pleadings  of  this  cause  named,  or  either  and  which  of 

them  ?  In  what  name  or  names  were  your  invoices  or 
bills  of  parcels  for  such  goods  made  out  during  the  life 
of  the  said  R.  J.  F.  and  after  his  death  ?  Whether  or  no 
were  or  was  any  bills  or  bill  of  parcels  ever  returned  io 
you  by  the  said  J.  F.  which  had  been  made  out  in  his 
name  alone,  and  with  any  and  what  instructions  as  to 
making  out  the  same  in  a  different  and  what  manner? 
Whether  or  no  was  you  ever,  and  when,  informed  by, 
or  did  you  in  nny  manner,  and  how,  collect  from  the  said 
J.  F.  that  he  had  any  and  what  partner  in  his  said  busi- 
ness :  and  whether  or  no  did  vou  knosr.  from  flie  coarse 

70 


54'6  IxNTERROGATOlULS. 


of  any  dealing  with  the  said  J.  F.  and  K.  J.  F.  that  they 
were  partners  together  in  the  said  business  r  Declare, 
Sec. 

4tli.  Whether  or  no  are  you  a  partner  in  any  and  what 
banking-house,  or  house  of  business  ?  AVhether  or  no 
did  J.  F.  late  of,  &c.  but  now  deceased,  at  any  time 
when  he  was  in  ,  and  when  in  particular, 

open  any  cash  account  with  you,  and  in  what  name  or 
names ;  and  whether  or  no  did  he,  upon  that,  or  any 
other  and  what  occasion  or  occasions,  make  any  and 
what  declaration  or  declarations  to  you,  or  to  any  per- 
son and  whom,  in  your  hearing,  respecting  his  brother 
R.  F.  in  the  pleadings  in  this  cause  also  named,  being 
in  partnership  with  him  in  any  and  what  trades  or  busi- 
nesses ?  Set  forth,  ^"c. 

5th.  Whether  or  no  were  you,  at  any  time,  and  for 
how  long,  employed  in  any  and  what  situation  in  the 
late  firm  or  banking-house  of  B.  and  company  ?  Whether 
or  no  had  J,  F.  and  R.  J.  F.  late  of 
but  now  both  deceased,  and  in  the  pleadings  in  this 
cause  named,  or  either  and  which  of  them,  any  cash 
account  with  the  said  banking  house,  during  such  your 
situation  then,  and  what  was  the  name  or  stile  of  such 
account:  and  did  the  said  J.  F.  and  K.  J.  F.  or  either 
and  which  of  them,  draw,  in  their  own  names,  upon 
such  account,  and  were  such  drafts  honored,  and  were 
such  accounts  with  such  drafts  credited  therein  after- 
wards admitted  by  them,  or  tilher  and  wliich  of 
them  ? 

6th.    What  is    the   right  of  voting  for  members  of 
parliament,  at  ?  Whether  or  no  did  R.  J.  F. 

late  of.  Sec.  ever,  and  when,  vote  for  any  member  or 
members  of  parliament  for  the  said  borough,  and  in 
what  right  and  character;  and  whether  or  no  did  the 
said  R.  J.  F.  ever,  and  when,  serve  any  and  what  paro- 
chial offices  in  the  said  borough  ?  Set  forth,  &c. 

7th.  VVliether  or  no  did  J.  F.  in  the  pleadings,  «S.c. 
4jpon  the  occasion  of  any  and  what  election  for  a  mem- 
ber or  members  of  parliament,  for  the  borough  of 
^  make  any  and  what  declaration,  and  when, 
respecting  his  brother  R.  J.  F.  in  the  pleadings,  &c: 
being  a  partner  mlh  him  ?  Declare,  &;c. 


JNTERROGATORIES. 


547 


8lh.  Whether  or  no  were  you  acquainted  with  J.  F. 
and  R.  J.  F.  late  of,  &c.  but  now  deceased,  the  tes- 
tators in  the  pleadings  of  this  cause  respectively  nanried, 
or  either  and  which  of  them,  and  how  long  before 
their  respective  deaths  ?  Whether  or  no  had  you  at 
any  time,  and  when,  any  conversation  or  conversations 
with  the  said  J.  F.  respecting  the  said  Complainant,  or 
respecting  any  provision  which  he  had  made  or  intended 
to  make  for  the  said  Complainant,  or  which  had  been 
made  for  the  said  Complainant,  by  the  said  R.  J.  F.  ? 
If  yea,  set  forth  all  the  particulars  of  such  conversa- 
tions, and  when  and  upon  what  occasions  the  same 
passed,  according  to  the  best  of  your  knowledge,  re- 
membrance, information,  and  belief,  and  the  truth 
declare. 

9th.  Whether  or  no  was  you  at  any  time,  and  when, 
and  where,  present,  when  any  conversation  passed  be- 
tween R.  J.  F.  and  J.  F.  both  late  of,  &c.  but  now  de- 
ceased, respecting  any  provision  made  for  the  Complain- 
ant S.  W.  by  the  will  of  R.  J.  F.  ?  If  yea,  set  forth  what 
was  said  both  by  the  said  R.  J.  and  the  said  J.  F.  upon 
that  occasion  j  and  whether  or  no  did  the  said  R.  J.  F. 
then,  or  at  any  other  time,  and  when,  deHver  to  the  said 
J.  F.  his  will,  or  any  paper  which  he  described  as  his 
will  ?  Set  forth,  &c. 

10th.  Whether  or  no  did  J.  F.  and  R.  J.  F.  in  the 
pleadings  of  this  cause  respectively  named,  or  either 
and  which  of  them,  at  any  time,  and  when,  purchase 
any  and  what  sum,  in  any  and  what  stock,  and  in 
whose  names,  as  a  gift  for  the  said  Complainant,  as  you 
know,  or  for  any  and  what  reason  believe  ;  and  whether 
or  no  was  tlie  same,  at  any  time,  and  when,  and  upon 
what  occasion,  and  by  whose  advice,  after  the  death  of 
the  said  R.  J.  F.  transferred  into  the  name  of  the  said 
Complainant  as  you  know,  or  for  any  and  what  reason 
believe  ?  Whether  or  no  did  the  said  J.  F.  ever,  and 
whenj  and  upon  what  occasion,  make  any  and  what  de- 
claration respecting  his  brother  R.  J.  F.  being  a  part- 
ner with,  and  respecting  the  share  and  interest  which 
he  had  in  the  joint  trade  and  property?  Set  forth,  &c. 

11th.  Whether  or  no  were  you  present  in  the  room 
with  the  said  J.  F.  about  two  days  before  bis  death, 
when  the  said  J,  F.  made  any  declaration  to  th«  Defcn- 


548 


INTERROGATORIES. 


daiit  H,  J.  F.  and  S.  F.  respecting  the  said  Complain- 
ant ?  If  yea,  set  forth  tlie  particulars  of  such  declara- 
tion, and  what  was  said  thereupon  by  the  said  H.  J.  F. 
or  S.  F.  ?  Declare,  Sec. 

12lh,  Whether  or  no  did  you,  on  the  part  of  the  De- 
fendant H.  J.  F.,  ever,  and  when,  attend  any  meeting 
of  the  said  several  Defendants,  or  any  and  which  of 
them,  for  the  purjjose  of  settling  the  share  of  the  said 
H.  J.  F.  in  the  said  J.  F.'s  estate  ?  If  yea,  was  tiic 
value  of  the  said  J.  F.'s  estate,  then  stated  to  be,  oi' 
admitted  by  the  said  Defendants,  or  any  and  which  of 
them,  to  be  of  any  and  what  amount  in  the  whole  ? 
Declare,  &c. 
To  prove  eX'  13th.  Look  upon  the  paper-writings  now  produced 
hibits.  and  sworn  to  you  at  this  the  time  of  your  examination, 

marked  with  the  letters  A,  B,  C,  D,  &c.  of  whose  hand- 
writing are  the  said  several  paper-writings,  and  the  su- 
perscriptions thereof,  and  the  signatures  thereto  or  any 
and  wliich  of  them,  as  you  know  or  believe  ?  Are  you, 
by  any  and  what  means,  acquainted  with  the  character 
and  manner  of  hand-writing  of  J.  F.  late  of,  &c.  but 
now  deceased,  and  in  the  pleadings  in  this  cause  named  ? 
Set  forth,  Sec. 

Lastly.  Do  you  know  of  any  oilier  matter  or  thing,  or 
have  you  heard,  or  can  you  say  any  thing  touching  the 
matters  in  question  in  this  cause,  that  may  tend  to  the 
benefit  and  advantage  of  the  said  Complainant,  besides 
what  you  have  been  interrogated  unto  ?  Declare  the 
same  fully  and  at  large,  as  if  you  had  been  particular!)' 
interrogated  thereto. 


Interrogatories  as  to  Partnership  Accounts. 

Between,  Sec. 
Interrogatories  to  be,  &c. 

1st.  Interrogatory.  Set  forth  a  full,  true,  and  particu- 
lar account  of  all  and  every  the  sum  and  sums  of  money 
received  by  you,  or  by  any  person  or  persons  by  the  order 
or  for  the  use  of  you  and  G.  B.  deceased,  in  the  plead- 
ings mentioned,  or  either  of  yon,  or  of  the  estate  of  the 
said  CI.  B.  on  account  of  the  e^partncrship  trade  car- 


liNTERROGATORIES..  549 

ried  on  by  the  said  G.  B.  and  the  said  R.  B.  and  after 
the  decease  of  the  said  G.  B.  by  you  the  said  R.  B. 
as  ill  the  pleadings  mentioned,  and  when,  and  from 
whom,  and  to  whom,  and  by  whom,  and  on  what  ac- 
count the  same  have  been  received  and  paid  ?  Declare 
the  truth,  &c. 

2d.  Have  you,  or  not,  at  any  and  w  hat  time  or  times 
since  the  day  of  ,  drawn  any  sum 

or  sums  of  money  out  of  the  trade  which  was  so  car- 
ried on  by  you  and  the  said  G.  B.  and  afterwards  by 
you  alone,  for  any  other  purpose  than  for  the  purposes 
of  such  trade  ?  If  yea,  set  forth  a  full,  true  and  par- 
ticular account  of  all  and  every  such  sum  and  sums  of 
money,  and  when  the  same  were  drawn  out  by  you 
respectively ;  and  have  you,  or  not,  placed  out,  or  ap- 
plied any,  and  which  of  such  sums  of  money,  at  in- 
terest, or  in  the  purchase  of  government,  or  other,  and 
what  stocks  and  funds,  or  in  any,  and  what  other  man- 
ner, so  as  to  make  any  profit  or  advantage  thereby  ? 
If  yea,  set  forth  how,  and  in  what  manner,  and  in 
what  stocks,  funds,  or  how  otherwise,  you  have  ap- 
plied each  and  every  of  such  sums  and  sum  of  money, 
and  of  ail  and  every  the  sum  and  suras  of  money  which 
you  have  received  as  the  interest  or  dividends  thereof, 
or  otherwise  on  account,  or  by  means  thereof?  De- 
clare, &c. 

3d.  Set  forth  a  full,  true,  and  particular  account  of 
the  stock  in  trade,  outstanding  debts,  and  other  pro- 
perty and  effects  which  belong  to  the  said  trade  or 
business  which  was  carried  on  by  you  and  the  said 
G.  B.  as  in  the  pleadings  mentioned,  and  which  hath 
since  been  carried  on  by  you,  and  all  the  particulars 
whereof  the  same  consisted,  and  the  natures,  kinds, 
quantities,  qualities,  full,  true,  and  utmost  values 
thereof;  and  in  case  the  same,  or  any  of  them,  are 
not  now  in  your  possession  or  power,  set  forth  in 
whose  possession  or  power  the  same  are ;  and  set 
forth  an  account  of  the  debts  which  are  justly  due  and 
owing  on  account  of  such  concern,  and  to  whom, 
and  for  what  the  same  are  due  and  owing.  Declare^ 
&c. 

4th.  Set  forth  a  full,  true,  and  particular  account 
of  the  gains  and  profits  which  Jiave  been  made  since 


650 


INTERROGATORIES. 

tlie         day  of  ,  in  the  said  trade  and  bu- 

siness which  was  so  carried  on  by  you  and  the  said 
G.  B.  and  afterwards  by  you  alone,  and  by  the  means  of 
the  monies  which  you  have  received  on  account  thereof; 
and  how  and  in  what  manner  you  compute  the  same. 
Declare,  &c. 


Inierrogatorks  as  to  Parinership  Transactions. 

To  prove  the         1st.    Interrogatory.    Whether   or   no  were   you    ac- 
partncrsltip  by     quainted  with  C.  H.  late  of  ,  but  now  deceased, 

declarations  of  and  for  how  long  did  you  know  him  before  his  death, 
A.  or  by  deal-  and  when,  and  about  what  time  did  he  die  ?  Whether 
ing  with  them     or  no  did  the  said  at  any  time,  and  when,  take 

as  partners.  as  a  partner  with  him,  in  any  and  what  busi- 

ness ?  If  yea,  what  are  the  terms  of  such  partnership, 
and  what  proportion  or  share  was  the  said  to 

have  therein,  and  for  how  long  did  such  partnership 
continue,  and  when  and  for  what  reason  was  the  same 
determined  or  dissolved,  and  upon    what  terms,   and 
whether    or  no  have  )ou,    at  any  time  or  times  re- 
spectively heard  the  said  make  any,  and  what 
declaration  or  declarations  respecting  the  said  copart- 
nership, or  the  terms   or   conditions    thereof,    or   the 
commencement  or  dissolution  thereof?  Set  forth,  &c. 
To  prove  a         2d.  Whether  or  no  were  you  at  Christmas  , 
change  made  in     and  for  how  long  before,    in  any  and  what   manner 
the  firm  of  the     employed  by  the  late               in  the  carrying  on  of  his 
house  at  Christ-     paying  business?  Whether  or  no  did  the  said 
iiias                        at  Christmas                  ,  or  at  any  other  time,  and  when, 
take  any  partner  and  whom  in  his  said  business,  and 
for  how  long  did  such  partnership  continue,  and  in  w  hat 
name  or  names  was  or  were  the  bills   made  out   from 
that  time,  to  the  persons  for  whom  such  business  was 
done ;   and  whether  or  no  were  you,  at  any  time,  and 
when,  after  Christmas                        ,  employed,  and  by 
wliom,  and  by  whose  directions,  in  the  making  out  or 
delivering  of  such   bills,  or  in  the  receipt  of   monies 
for  the  same,  and  in  whose  name  or  names  were  re- 
ceipts for  such  monies  given  ?  .Set  forth,  &:c. 
To  prove  that         3d.  Whether  or  no  did  the  said                   in  any  and 
from  Christ-       what  manner,  and  when,  and  for  how  long  time  after 


iN^fERROGATORIES. 


551 


mas  ,  B.,     Christmas  ,  continue  to  carry  on  the  paving 

alone  carried       business  in  wliich  he  had  been  concerned,  or  in  any 
on  the  himnesa.     and  what  manner  to  interfere  therein,  or  in  any  part 
thereof,  or  by  whom  was  the  said  paving  business,  and 
every  part  thereof,  and  particularly  the  business  of  the 
government  boards  done  and  performed  from  Christ- 
mas ,  until  the  death  of  the  said  ,  and 
in  whose  name  or  pames  was  or  were  the  bills  made 
.out  from  that  time  to  the  persons  for  whom  such  busi- 
ness  was  done ;  and  whether  or  no  were  you,  at  any 
lime,  and  when,  after  Christmas                  ,  employed, 
and  by  whom,  and  by  whose  directions,  in  the  making 
out  or   delivering  of   such  bills,  or  in  the  receipt  of 
monies  for  the  same,  and  in  whose  name  or  names 
were  receipts  for  such  monies  given  ;   and  whether  or 
lno  in  or  about  Christmas                        ,  or  at  any  other 
time,  and  when,  were  the  stock  of  carts,  horses,  barges, 
and  other  property  employed  in  the  said  paving  busi- 
ness, or  any  part  thereof,   valued  by   any  person  or 
persons,  and  whom  ?  And  if,  yea,  upon  what  occasion 
did  such  valuation  take  place,  and  under  what  agree- 
ment and  at  what  prices  ?  Declare,  <fec. 
To  prove              4th.  Whether  or  no  were             and  the  said 
partnersJdp           or  either,  and  which  of  them,  in  or  about  the  years 
dealings   and                  or           ,  employed  in  the  paving  of  ,  and 
transactions.         any  other,   and  what  street  or  places  in  the  city  of 
L.  ?    If  yea,  to  whom   were  the  profits  of  such  par- 
ticular paving  business  to  belong,  as  you,  for  any,  and 
what  reason,  know,  or  believe  ;  and  did  you  at  any  time 
or  times,  and  when,  hear  the  said                   make  any, 
and   what  declaration  or    declarations  respecting  the 
same  ?  Declare,  &rc. 
To  prove  part-         jth.  AVhether  or  no  did  you  the  Defendant  I.  C.  and 
nerhip  deal-         R.   C.  now  deceased,  or  either  and   which  of  you,  at 
ings  and  iranft-     any  time  or  times,  and  when  respectively,  enter  into 
actions.                 copartnership  with  the  bankrupt  T.  C,  in  the  pleadings 
of  this  cause  respectively  named,  in  the  several  trades 
or  businesses  of                 ,  or  in  any  and  which  of  such 
trades  or  businesses  ?  And  if  yea,  in  what  shares  and 
proportions  were  you  the  said   I.  C.  and  the  said  R.  C. 
and  the  said  bankrupt  respectively  interested  in  such 
trades  and  every  of  them,  ar\d  what  was  the  capital 
employed  in   su<'h  Vades    or  hnsines^es,  a::d   every  of 


d52 


IMERUOGAIORIES. 

them,  and  by  whom  was  the  same  provided;  and  what 
were  the  conditions  and  agreements  between  you  in 
each  and  every  such  trades,  with  respect  to  the  pro- 
viding of  capital,  and  the  bringing  into  and  taking  out 
monies  from  the  said  trades;  and  to  whom  did  the  build- 
ings, stock,  and  utensils  in  each  and  evei'y  such  trade, 
belong  at  the  commencement  thereof,  or  by  whom 
were  the  same  provided,  and  what  was  then  agreed 
between  you  with  respect  thereto  ?  And  set  forth  the 
particulars  of  all  such  buildings,  stock,  and  utensils,  and 
the  full,  true,  and  utmost  values  thereof,  and  of  every 
part  thereof,  and  what  hath  since  become  thereof.  De- 
clare, &c. 


Interrogaiuries  for  the  Examination  before  a  Master,  t<^ 
prove  Consideration  of  a  Bond,  and  as  to  Monies  paid 
for  Passage,  ^c. 

Between  B.  M.  widow,  and  others,     -     -     Plaintiffs, 
and 
B.  N.  and  others, Defendants. 

Interrogatories  exhibited  on  behalf  of  the  said 
Defendants,  before,  J.  S.  esq.  one  of  the  mas- 
ters of  this  honorable  Court,   to  whom  this 
cause  stands  referred,  for  the  examination  of 
T.  S.  esq.  who  claims  to  be  a  creditor  of  the 
Testator  G.  S.  in  the  pleadings  of  this  cause 
named,  pursuant  to  the  decree  made  in  this 
cause,  bearing  date  the         day  of 
Tu  prove  the         Ist.   Interrogatory.  When  and  where,  and  in  whose 
consideration        presence  did  the  said  Testator  G.  S.  execute  the  bond 
of  a  bond.  to  you  for  the  sum  of  £  in  your  charge  men- 

When  exe-  tioned,  and  at  wiiat  time  of  the  day  was  such  bond 
ruttd,  if  after  executed,  and  was  it  not  after  dinner,  and  was  the  said 
dinner,  and  in-  d.  S.  then  intoxicated,  or  in  any,  and  what  degree 
toxicated  ;  heated  with  liquor  and  was  not  the  said  G.  S.  addicted 

whether  ad-  to  drinking,  and  by  whom  was  such  bond   |)reparcd, 

dieted  to  drink-     and  when  in  particular,  and  by  whose  directions,  and 
jjirr  •  what  was  the  consideration  of  such  bond  :  and  if  you 

hywhom  pre-        allege. that  the  consideration  was  for  monies  advanced 
pared;  or  paid  by  you  to  or  fur  the  use,   or  on  the  account 


INTERROGATORIES. 


&53 


the  considcra-      of  the  said  G,  S.-  then  set  forth  when  and  where,  and 

Hon;  in  what  manner,  and  in  whose  presence,  and  to  wliom, 

if  for  monies  ;     such  monies,  and  every  part  thereof,  were  so  advanced 

set  forth  in  and  paid  ?  Did  not  the  said  G.  S.  pay  to  you  tlie  sum 

what  manner        of  £  for  his  passage  from  to  , 

advanced;  before  or  upon,    or  soon    after  his  coming  on  board 

whether  paid         your  ship;  and  did  not  the  said  G.  S.  bring  on  board 

for  his  passage ;    with  him  the  further  sum  of  <£  ,  or  thereabouts, 

whether  or  some  other,  and  what  further  sum,  as  you  know  or 

brought  any  believe  ;  and  how  happened  it  therefore  that  the  said 

money  on  G.  S.  had  occasion  for  the  said  sum  of  £  , 

hoard.  and  how  did  he  spend  the  same,  and   what  did   he  do 

therewith  ? 

j4s  to  the  claim        2d.    When  and  where,  and  in  whose  presence,  did 

of  £  ,        you  pay  to  Mr.   S.  in  your  charge  named,    the    sum 

of  £  therein  mentioned,  and  when,  and  where, 

and  in  whose  presence  did  the  said  G,   S,  request  you 

to  pay  the  same,  and  when,  and  how  did  the  said  G.  S. 

become  indebted  in  the  said  sum  of  £  to  the 

said  Mr.  S.  ? 

As  to  the  claim        3d.    When  and  where,  and  in  what  manner,  and  in 

nf  £  whose  presence,  did  you  advance  to  the  said  G.  S.  the 

sum  of  £  ,  and  every  part  thereof,  in  your 

said  charge  stated  to  have  been  lent  by  you  to  the  said 

testator  at  ,  and  how  did  the  said  G.  S.  spend 

the  same,  or  what  did  he  do  therewith  ?    When  and 

where,  and  in  what  manner,  and  in  whose  presence, 

did  you  advance  to  the  said  G.  S.  the  sum  of  £ 

and  every  part  thereof,  in  your  said  charge  stated  to 

have  been  lent  by  you  to  the  said  G.  S.  at 

and  for  what  purpose  did  he  require  such  loan  ? 

As   to  Mrs.  4th.    When  and  where,  and  in  whose  presence,  was 

M.^s  passage.       the  agreement  made  between  you  and  the  said  G.  S. 

for   the    passage   of    Mrs.  M.  and  her  two   children, 

What  agree-    from  to  ?  Did  the  said  JNlrs.  M. 

mcnt  made  for     or  her  children  dine  at  your  table  on  the  passage,  or 

passage  ;  were  they  not  treated  by  you  as  common  passengers, 

whether  dined      or  how  otherwise?  And  what  is  the  usual  and   cus- 

at  the  captain's     tomary  payment  for  the  passage  of  a  woman,  and  two 

fahle;  such  children,  from  to  ,  who  are 

what  is  the  ens-     treated  as  common  passengers,  or  one  treated  as  the 

tomary  parr-         said    M/s.  M.  and  her  two  children  were  treated    by 

71 


OO'A 


INTEKROGAXORlEb. 


ment  of  com-       you,  and  what  is  the  usual  and  customary  payment  for 
man  passengers^  such  a  passage  for  a  woman  and  two  such  children  who 
and  what  of         dine  at  the  captain's  table  ? 
those  who  dine  at 
cajptain^s  tabic. 


Interrogatories  for  the  Examination  before  a  Master^    to 
prove  the  Age  of  Children. 


Between  B.  B.  and  others,    .     .     Plaintiffs, 
and 
T.  A.  and  others,     .     .     .     Defendants. 
Interrogatories  exhibited  on  behalf  of  the  Plain- 
tifls,  before  J.  S.  H.  esq.  &:c.  Sec.  (as  before.) 

1st.  Interrogatory.  Whether  or  no  were  there  any 
children  living  of  the  marriage  between  you  and  your 
late  husband  W.  A.  in  the  pleadings  in  this  cause 
named,  at  the  time  of  his  death,  and  what  were  their 
respective  names,  and  when  and  where  they  were  se- 
verally born,  and  are  or  is  in  any,  or  either,  and  which 
of  them,  since  dead,  and  when  did  he,  she,  or  they 
die? 


Whether  chil- 
dren living  of 
the  marriage  ; 
what  their 
names  ; 
ichere  born  ; 
lohether  ani/ 
dead,  andichen 
did  they  die. 

Whether  any 
baptized  ; 
ivhether  any 
entries  made, 
in  what 
churches,  ^t. 


Observation.- 
to  examine  the 


2d.  Whether  or  no  were  they,  or  any,  or  either, 
and  which  of  them,  at  any  tinie  or  times,  and  when, 
and  where,  and  by  whom  bapti/.cd  ;  and  whether  or 
no  were  or  was  any  entries  or  entry,  at  any  time  oi 
times,  and  when,  made  in  any  registers  or  register  ol 
any,  and  what  parish  cliurch  or  churches,  or  chapels 
or  chapel,  or  other  places  or  place,  as  to  the  birth  or 
baptism  of  all,  or  any,  or  either,  and  which  of  them  ? 

—I  fear  the  master  will  not  consider  hin)seir  at  liberty 
Defendant  as  to  these  points. 


INTERROGATORIES.  655 

Interrogatories  as  to  the  executing  and  Consideration  of 

a  Bond. 

Interrogatories  to  be  exhibited,  &c. 
J.  L.  the  elder,  J.  L.  the  younger,     .     .     Plaintifl's, 
and 

E.  T.  and  J.  G Defendants. 

On  the  part  and  behalf  of  the  Complainants,  as  follows  : 

1st.    [Knowledge  of  parties.] 

2d.  Whether  or  no  were  you,  in  the  year  ,  em- 
ployed by  T.  C.  late  of  ,  in  the  county  of  , 
but  now  deceased,  and  in  the  pleadings  in  this  cause 
named,  as  his  attorney  ?  Whether  or  no  did  you,  in  that 
character,  or  otherwise,  at  any  time,  and  when,  in  or 
about  the  month  of  ,  prepare  a  bond  to  be 
executed  by  the  said  Complainant,  for  the  payment 
of  the  sum  of  £  to  the  said  T.  C.  ?  Look  upon 
the  paper-writing  now  produced,  &r.  whether  or  no  is 
such  paper-writing  the  sai«l  bond  so  prepared  by  you 
as  aforesaid  ?  Whether  or  no  did  the  said  Complainants, 
or  either  of  them,  in  the  presence  of  the  said  T.  C,  or 
otherwise,  object  to  the  said  bond  being  prepared  as 
a  common  money  bond,  and  for  what  reason,  and  what 
passed  thereupon,  between  the  said  Complainants,  or 
either  of  them,  and  the  said  T.  C.  or  yourself;  and 
whether  or  no  were  you,  at  any  time,  and  when,  desired 
by  any  person,  and  whom,  and  in  whose  presence,  to 
make  a  minute,  in  writing,  of  the  actual  consideration 
of  the  said  bond,  or  to  any  such  or  the  like,  and 
what  effect ;  and  whether  or  no  did  you  make  any  such 
minute,  and  whether  or  no  with  the  consent,  or  in  the 
presence  of  the  said  T.  C,  and  whether  (;r  no  did  you 
then,  or  at  any  time,  and  when,  read  over  such  minute 
to  or  in  the  presence  of  the  said  T,  C.  and  the  said 
Complainants,  or  either  of  them,  and  did  the  said  T.  C. 
make  any,  and  what  observation,  thereupon  ?  Look 
upon  the  paper-writing  now  jaoduced,  S^c.  whether  or 
no  is  the  said  paper-writing  the  minute  so  written  by 
you  as  aforesaid,  or  what  liuth  become  of  such  minute, 
tind  set  forth  the  contents  and  purport  thereof,  to  the 
bes^t  and  utmoivt  of  your  recollection  and  belief  .•'  De- 
clare. &:r. 


556  INTERROGATORIES. 

3d.  Look  upon  the  paper-writing  now  produced, 
&c.  whether  or  no  is  your  name  set  and  subscribed 
as  a  witness  thereto,  of  jour  proper  hand-writing  ?  When 
and  where,  and  in  whose  presence,  did  you  so  set 
and  subscribe  your  name  as  a  witness  thereto  ?  Whe- 
ther or  no,  previous  to  the  execution  of  the  said  bond, 
did  aay  conversation  pass  between  the  said  Complain- 
ants, or  either  of  them,  and  T.  C.  in  the  said  bond 
named  as  to  the  consideration  of  the  said  bond.  If 
yea,  set  forth  the  particulars  of  such  conversation,  and 
what  was  said  thereon  by  the  said  T.  C.  and  the  said 
Complainants,  or  either  of  them,  or  any  other  person 
or  persons,  to  or  in  the  presence  or  hearing  of  the  said 
T.  C.  ?  Declare,  &c. 

Lastly.     [The  usual  interrogatory.] 
Observation. — The  bill  charges  the  bond  to  have  been  given  for  the 
purchase  of  T.  C.'s  interest,  in  two  farms,         farm,  and         farm.    By 
the  answer  it  appears,  that  T.  C.  had  not,  at  that  time,  farm, 

and  there  is  therefore  a  plain  mistake  in  the  bill,  which  ought  to  be 
amended  before  the  replication  is  filed.  The  motion  to  amend  should 
be,  amending  Defendant's  office  cop}',  and  requiring  no  further  answer 
and  will  create  therefore  no  delay.  Inquiry  ought  to  be  made  of  Mr. 
H.  as  to  this  minute  in  writing.  If  he  has  it  he  must  be  served  with 
a  subpoena  duces  tecum  to  produce  it  upon  his  examination.  If  he  deli- 
vered it  over  it  may  be  necessary  to  give  notices,  or  to  take  other  mea" 
sures  before  parol  evidence  can  be  given  by  Mr.  II.  of  its  contents. 


Interrogatories  to  examine  a  Solicitor  as  to  a  Letter  writ- 
ten, and  the  Motive — As  to  the  hitention  of  employing 
another  Solicitor — As  to  an  Action  commenced  for  Bu- 
siness done — As  to  Instructions  to  appear  at  the  Hear- 
ing, ^c. 

To  prove  ht-  1st.  Interrogatory.  Look  upon  the  letter  or  paper- 
ter  written,  and  writing  now  produced,  &c.  whether  or  no  is  the  said 
motive  for  writ-  produced  letter  or  paper,  and  the  signature  thereto, 
ing  it.  and  the  direction   thereof,  or  either  and  which  of  them 

of  your  proper  hand-writing,  or  of  the  proper  hand- 
writing of  any  person,  and  whom,  employed  by  you ; 
or  was  such  letter  or  pai)er-writing  written  by  any  per- 
son, and  whom,    by  your  direction  or  instruction,  of 


INTERROGATORIES. 


557 


with  your  approbation  or  privity,  and  what  was  your 
motive  or  inducement  for  such  letter  or  paper-writing 
being  written  and  sent  by  you,  or  by  your  direction  or 
instruction,  or  with  your  privity  or  approbation  ;  and 
did  not  such  motive  or    inducement    equally  apply  to 
the  said  Defendant  T.  B.,  and  if  not,  why  ?    Declare, 
&c. 
To  prove  7io-         2d.    Whether  or  no  did  the  said  T.  B.  and  J.  E.,  or 
iice  that  they      either  and  which  of  tliem,  or  any  other  person,  and 
meant  to  em-         whom,  on  their  or  either  and  which   of  their  part   and 
ploy  another  behalf,  at  any  time  and   when,  after  the  date  of  the 

solicitor.  aforesaid  letter  or  paper-writing,  call  at  your  office,  or 

see  you  elsewhere,  and  where,  and  inform  you  or  any 
other  person,    and  whom,    on    your   part  and  behalf, 
that  they,  or  either,  and  which  of  them,  had  employed 
or  meant  to  employ  Mr.  J.,  or  any  other  person  than 
yourself  as  their  solicitor,  in  the  said  cause,  and  when, 
and  by  what  means  did  you  first  know  or  had  reason  to 
beheve  or  suspect  that  the  said  Defendants,  or  either 
and  which  of  them,  had  or  meant  to  employ  the  said 
Mr.  J,  or  any  other  person  than  yourself  as  their  soli- 
citor in  the  said  cause  }  Declare,  &c. 
To  prove  ac-         3d.    Whether  or  no  did  you,  at  any  time,  and  when, 
tion  commenced     deliver  to  the  said  Defendants,  or  either  and  which  of 
for  hill  in  other     them  any  bill  for  business   done   by  you,    on  their  or 
hirsiness.  either  and  which  of  their  account,  not  connected  with 

the  said  cause  ;  and  whether  or  no  did  you,  at  any  time, 
and  when,  cause  any  and  what  proceeding  to  be  had 
against  the  said  Defendants,  or  either    and  which   of 
them,  for  the  said  bill  ?  Declare,  &c. 
To  prove  let-         4th.    Look  upon  the  letter  or  paper-writing  now  pro- 
fer,   and  as  to     duced,  &c.  (proceed  in  this  interrogatory  as  in  the  pre- 
fhe  persons  men-     ceding  one  for  the  same  purpose)  and  whether  the  said 
tioned  therein.      Defendants  are  not  the  two  Defendants  who  are  stated 
in  the  said  letter  to  have  been  desired  by  the  said  De- 
fendant  J.    C.   to   employ  another    solicitor,    or   who 
otherwise  were   such   two   Defendants,   and   for   what 
reason  were  such  other  Defendants  desired  by  the  said 
J.  C.  to  employ  another  solicitor  ?  Declare,  &c. 
To  prove  that        5th.    Whether  or  no  did  you,  at  any  time,  and  wlien, 
C.  had  no   in-     before  the  said  cause  came  on  to  be  heard,  inform  the 
structiouH  to  said  Defendant  B.  and   E.,   or   either   and   which   of 

fippcffr  for  Dr-     iIumti,  that  yon  should  Jnstruct  counsel  to  appear  for 


o58 


liNTERROGATORlEsi. 


fendants  at  the     them  at  the  hearing ;  or  did  you,  at  any  time,  and  when, 

hearing-,    and       receive  any  instructions  from  the  said  Defendants,  or 

did  not  171  fact     either  and  which  of  them  so  to  do,  or  did  you  in  fact 

deliver  briefs         give  any  briefs  or  instructions  to  counsel  to  appear  for 

for  them.  the  said  Defendants,    or   either  and  which   of  them, 

other  than  the  briefs  deUvered   by  you  for  the  other 

Defendants  ;  and  did  you  not,  previous  to  such  hearing, 

and  when,  first  know  that  the  said  Mr.  J.,  as  the  soH- 

citor  for  the  said  Defendants  A.  and  B.,   had  taken 

copies  of  the  depositions,  and  had  or  meant  to  prepare 

briefs  for  the  instruction  of  counsel  at  the  hearing  on 

the  part  of  the  said  Defendants,  or  one  and  which  of 

them  ?  Declare,  &:c. 


Inteirogatories  to  prove  Situation  a  Person  held — Ac- 
quaintance— Receipt  of  Monies  in  such  Situation — Ex- 
penses  and  Mode  of  travelling — Means  of  providing  for 
his  Family,  ^c. 


lb  prove  si-         1st.  Interrogatory.    Whether  or  no  have  you  now, 
(nation  and  and  have  you  for  any  and  what  time  had  any  and  what 

ojirc.  situation  or  office,  situations  or  offices,  in  or  about  His 

Majesty's  Treasury,  or  connected  with  the  business 
thereof;  and  whether  or  no  have  you  by  means  of  such 
office  or  situation,  or  by  any  other  and  what  means  had 
any  opportunity  to  become  acquainted,  and  are  you 
in  any  and  what  degree  acquainted  with  the  duties, 
employment,  and  profits  of  the  Treasury  messengers  r 
Declare,  iVc. 
As  to  at:-  2d.    Whether  or  no  were  you   intimately  or  othcr- 

quaintancc.  wise  and  how,   acquainted  with  F.  G.  and  A.  B.,  who 

were  lately  two  of  the  said  Treasury  messengers,  but 
are  now  deceased  ;  and  for  how  long  did  you  severally 
know  them,  and  what  was  the  situation  of  the  said 
A.  B.  before  he  was  appointed  a  Treasury  messenger, 
and  was  he  before  such  appointment  a  person  of  pro- 
perty, or  reputed  to  be  a  person  of  property,  or  how 
otherwise  ?  Declare,  &c. 
As  to  the  n-  od.  Whether  or  no  did  the  said  F.  G.  as  you,  for 
ftipt  of  monies,  any  and  what  reason  know  or  believe,  receive  any  mo- 
nies from  the  Treasury  or  elsewhere,  and  where,  on  the 


INTERROGATORIE: 


559 


Ae  to  manner 
of  Im7ig,   Si'c. 
expenses  of  fa- 
mily,  Sfc. 


Expenses  for 
travelling. 

Whether  any 
other  means  of 
providing  for 
his  family. 


As  to  similar 
employments. 


account  of  the  said  A.  B.,  and  have  you  ever  and  in 
what  years,  and  how  often,  seen  the  said  F.  G.  pay 
any  and  what  sums  of  money  to  the  said  A.  B.  in  re- 
spect of  the  monies  so  received  by  him  ;  and  whether 
or  no  was  it  the  practice  of  the  said  F.  G.,  at  such 
times,  to  take  receipts  or  memorandums  for  the  mo- 
nies so  paid  to  the  said  A.  B.,  or  iiow  otherwise^  and 
whether  or  no  was  it  as  you,  for  any  and  what  reason 
know  or  believe,  the  general  habit  of  the  said  F.  G. 
to  be  regular  in  his  accounts,  and  to  take  receipts,  or 
make  memorandums  of  monies  paid  by  him,  or  how 
otherwise,  &c.  ?  Declare,  &c. 

4th.  Whether  or  no  were  you  acquainted  witii  the 
manner  of  living  of  the  said  A.  B.,  and  if  yea,  at 
what  sum  upon  the  average  do  you  compute  the  an- 
nual expenses  of  himself  and  his  family  to  have  been, 
other  and  besides  his  travelling  expenses  ;  and  whe- 
ther or  no  had  the  said  A.  B,  any  child  who  did  not 
live  in  Iiis  family,  and  in  what  situation  was  such  child ; 
and  have  you  ever  heard  the  said  A.  B.  make  any  and 
what  declaration  or  declarations  as  to  what  such  child 
annually  cost  him ;  and  do  you  know  the  manner  in 
which  the  said  A.  B.  usually  travelled  in  the  journies 
in  which  he  was  employed  as  Treasury  messenger,  and 
at  what  expense  ?  Declare,  &c. 

5th.  Whether  or  no  has  \\%e  said  A.  B.  as  you,  for 
any  and  what  reason  know  or  believe,  any  and  what 
means  of  providing  for  the  expenses  of  himself  and 
his  family,  and  for  the  expense  of  journies,  other  than 
from  the  monies  which  he  from  time  to  time  received 
from  the  said  F.  G.  ?  Declare,  &c. 

Gth.  W^hether  or  no  had  you  any  and  what  relation 
or  connection,  who  was  a  Treasury  messenger  at  the 
same  time  with  the  said  F.  G.,  and  if  yea,  did  the 
said  F.  G.  receive  the  monies  which  were  due  to  such 
your  relation  or  connection  in  his  employ  of  messen- 
ger in  the  same  manner  as  he  received  the  monies  due 
to  the  said  A.  B.  ;  and  did  the  said  F.  G.  from  time  to 
time  pay  over  to  such  your  relation  or  connection  the 
monies  which  he  received  from  him,  or  what  was  the 
state  of  the  accounts  between  them  at  the  death  o(  the 
said  F.  G.  ?  Declare,  ^:c. 


•S60  INTERROGATORIES. 

Interrogatories  as  to  the  Sale,  Freightage,  and  Expenses.. 

of  a  Ship. 

Between  H.D Plaintiff, 

and 

G.  B Defendant. 

Interrogatories  exliibited  on  behalf,  &c.  (usual  title  before  a  master.) 
1st.  Interrogatory.  Whether  or  no  is  the  ship  called, 
the  Sir  E.  H.,  in  the  pleadings  of  this  cause  mention* 
ed,  sold  if  yea,  when  and  where,  and  by  whom,  and 
i  to  whom,  and  at  what  price  was  the  same  so  sold ; 
and  have  you,  or  hath  any  other  person  or  persons^ 
and  whom,  by  your  order,  or  to  your  use,  or  by  the 
order,  or  to  the  use  of  any  other  person  or  persons, 
and  whom,  at  any  time  or  times,  and  when  respectively, 
received  the  said  purchase-money,  or  any  and  what 
part  thereof,  or  for  what  reason  doth  the  same,  or  any 
and  what  part  thereof  now  remain  unreceived,  and  what 
hath  become  thereof;  and  if  the  said  ship  be  not  sold, 
for  what  reason  does  the  same  remain  unsold  ? 

2d.  Whether  or  no  have  you,  or  hath  any  otiier 
person  or  persons,  and  whom,  by  your  order,  or  to 
your  use,  received  any  sum  or  sums  of  money  for  the 
freight  of  the  said  ship ;  if  yea,  set  forth  a  full,  true, 
and  particular  account  of  all,  and  every  such  sum  and 
sums  of  money,  which  hath  or  have  been  received  by 
you,  or  any  other  person  or  persons,  by  your  order,  or 
to  your  use,  for  the  freight  of  the  said  ship,  and  when 
respectively,  and  for  what,  and  from  whom,  and  by 
whom  all  and  every  such  sums  were  so  received  j  and 
set  forth  also  whether  any  and  what  sum  or  sums  of 
money  now  remain  due  and  owing  in  respect  of  the 
freight  of  the  said  ship,  and  from  whom,  and  for  what 
all  and  every  such  sums  are  due  and  owing,  and  why 
the  same  respectively  are  unreceived  ? 

3d.  Whether  or  no  have  you  paid  any  sums  or  sum 
of  money  for  the  seamen's  wages,  and  other  charges, 
in  respect  of  the  said  ship,  forming  a  prior  lien  to  the 
demand  of  the  said  Plaintiff,  or  for  any  bills  drawn 
by  the  captain  of  the  said  ship  from  the  Island  of  C, 
for  the  ship's  disbursements  ^  if  yea,  set  forth  a  full, 
trne,  and  particnlar  account  of  all,  and  every  the  sum 


INTERROGATORIES. 


561 


and  sums  of  money,  which  have,  or  hath  been  so  paid 
by  you,  and  when,  and  to  whom,  and  for  what  all, 
and  every  such  sums  were  respectively  paid  and  dis- 
bursed ?  Set  forth,  &c. 


Interrogatories  relative  to  an  Inclosure. 

To  prove  the         1st.  Interrogatory.    Whether  or  no  do  you  know  who 
lord's  assent  to     is  the  lord  of  the   manor  of  S.,  in   the  county  of  C, 
the  inclosvre.        in  the  pleadings  in  tliis  cause  mentioned,  and  whether 
or  no  has  the  said  lord,  or  any  person,  and  whom,  on 
his  part,  in  any  and  what  manner,  assented  to  the  in- 
closure of  the  common  lands  in  the  said  township  of  S., 
and  when   respectively,  and  to  whom,  and  upon  what 
terras,  and  upon  whose  application  or  applications ;  and 
whether  or  no,  in  consequence  of  any  and  what  agree- 
ment or  proposal,  on   the   part  of  the  inhabitants  or 
land-owners  within  the  said  township  ;  and  whether  or 
no  is  the  lord  of  the  said  manor  still  assenting  to  such 
inclosure,  and  whether  or  no  is  such  inclosure  likely  to 
take  effect,  and  how  soon  ?  Set  forth,  &c. 
To  prove  the         2d.  Whether  or  no  havetheinhabitantsorland-owners 
agreement  of      within  the  said  township  of  S.,  or  any  and  which  of 
the  land-owners    them,  in  any  and  what  manner,  assented  or  agreed  to 
to  the  inclosure,    the  inclosure  of  the  common  lands  within  the  said  town- 
ship, or  made  any  and  what  proposals  to  any  person  or 
persons,    and  whom,    in  respect  of  such  inclosure,  or 
taken  any  and  what  steps,  with  a  view  to  such  inclosure, 
and  at  what  time  or  times  respectively  ;  and  whether  or 
no  are  the  said  inhabitants  or  land-owners  still  assent- 
ing to  the  inclosure  of  the  said  common  lands,  or  how 
otherwise ;  and  whether  or  no  is  such   inclosure  likely 
to  take  effect,  and  how  soon  ?  Set  forth,  &c. 
To  prove  the         3d.    Whether  or  no  hath  any  surveyor  or  other  per- 
survey  made  at     son,  been  at  any  time,    and  when,    employed  at  the 
the  general  cJiarge  of  the  inhabitants  of  land-owners  within  the  said 

charge  of  the     township,  or  any  and  which  of  them,  or  any  other  per- 
land  otoners.         son,  and  whom,  to  survey   the  common  lands  within 
the  said  township,  with  a  view  to  the  inclosure  thereof? 
Set  forth,  &c. 

12 


662 


INTERROGATOKIKS. 


To  prove  the 
general  meeting 
held  between 
the  proprietors 
of  S.  and  the 
adjoining 
toicnship. 


To  prove  the 
probable  quan- 
tity of  Plain- 
tiff^ s  allotment. 


4th.  Whether  or  no  has  any  general,  or  other,  and 
what  meeting,  been  held,  and  when,  of  the  inhabitants 
and  land-owners  of  the  said  township  of  S.,  and  of  the 
inhabitants  or  land-owners  of  any  and  what  adjoining 
township  or  townships,  for  the  purpose  of  fixing  the 
limits  of  the  common  lands  of  each  township,  or  for 
any  other,  and  what  purpose,  with  a  view  to  an  intended 
inclosure  of  the  common  lands  of  the  said  township 
of  S.  ?  Set  forth,  &c. 

5th.  Whether  or  no  do  you  know,  or  can  you,  by 
any,  and  what  means,  form  any  opinion  as  to  the  quan- 
tity and  quality  of  the  inclosed  and  common  lands 
within  the  said  township  of  S.  ?  If  yea,  what  is  the 
quantity  of  all  the  inclosed  lands  within  the  said  town- 
ship, and  what  is  the  quantity  of  the  lands  within  the 
sraid  township  belonging  to  the  said  Complainant,  in 
the  pleadings  in  this  cause  mentioned,  and  what  is  the 
relative  quality  of  the  said  inclosed  lands  within  the 
said  township,  and  what  is  the  quantity  of  all  the  com- 
mon lands  within  the  said  township,  and  what  do  you 
estimate  would  be  the  fair  proportionable  quantify  of 
the  said  common  fields,  which,  in  the  case  of  an  inclo- 
sure, would  be  allotted  to  the  said  Complainant,  in 
respect  of  his  inclosed  lands  aforesaid,  computing  the 
proportion  of  the  said  common  lands  to  be  allotted 
to  the  lord  as  one  twelfth  ?     Set  forth,  c^vrc. 


Interrogatories  fur  the  purpose   of  examining  a   Captain 
of  a  Packet  as  to  one  of  his  Passengers,  ^-c. 

Between,  M.  and  others,     -     Tlaintiffs, 
and 
S.     -     -     -     -     -     Defendant. 
1st.  Interrogatory.  Whether  or  no  did  you,  in  the 
month  oi  ,  command  the  packet  boat  in  his 

Majesty's  service,  called  the,  <fec.  bound  from  F.  to 
L. :  and  whether  did  you,  at  any  time,  in  or  about 
the  said  month  of  ,  make  a  voyage  in  the  said 

packet  from  V.  to  L.  and  on  what  day  did  you  sail 
fro)n   F.,  and  on  what  day  did  you  arrive  at  L.j  and 


INTERROGATORIES.  563 

whether  or  no  did  the  Complainant,  the  honorable  Mr. 
JNI.,  sail  with  you  as  a  passenger  in  the  said  packet,  on 
the  said  passage  ?  And  if  yea,  what  name  did  the  said 
Complainant  assume,  and  under  what  name  did  he  pass 
upon  the  said  voyage  ?     Set  forth,  &c. 

2d.  Whether  or  no  did  you,  in  tlie  month  of  see 

the  Complainant,  the  honorable  Mr.  M.  at  L.  ?  U  yea, 
when  and  where,  and  upon  what  occasion,  did  you  first 
see  him  ;  and  did  any  conversation  then  pass  between 
you  and  the  said  Complainant  respecting  the  Defen- 
dant, S.  ?  If  yea,  set  forth  the  particulars  of  conversation, 
and  what  was  said  thereon  by  the  said  Complainant, 
and  by  you  respectively,  according  to  the  best  of  your 
knowledge,  remembrance,  information,  and  belief? 

3d.  Whether  or  no  did  you,  on  the  day  of 
see  the  Complainant,  the  honorable  J.  M.,  at  L.  ?  If 
yea,  when  and  where,  and  upon  what  occasion  did  you 
first  see  him,  and  what  passed  thereupon,  and  when,  and 
how  soon  afterwards  did  you  next  see  him ;  and  did  the 
said  Complainant  enter  into  any  conversation  with  you,  or 
make  to  you  any  declarations  respecting  the  Defendant, 
S. .?  If  yea,  set  forth  the  particulars  of  such  conversa- 
tion or  declarations,  according  to  the  best  of  your  know- 
ledge, remembrance,  and  belief,  and  the  truth  declare. 

4th.  Look  upon  the  letters  or  paper-writings  now 
produced,  &c.  marked,  &c.  Of  whose  hand-writing 
are  the  said  several  letters  or  paper  writings,  and  every 
of  them,  or  the  superscriptions  thereof,  and  the  signa- 
tures thereto,  as  you  know  or  believe  ?  And  did  you 
ever  see  the  person  or  persons  write  whom  you  believe 
to  have  written,  superscribed,  or  signed  the  same  re- 
spectively, or  by  what  means  are  you  acquainted  with 
the  manner  or  character  of  the  hand-writing  of  such 
person  or  persons  ?     Set  forth,  &c. 


564 


INTERROGATORIES. 


Interrogatories  for  a  Variety  of  Matters.  To  prove  a 
Death — A  Register — A  Notice — By  what  AutJiority 
an  Agreement  signed — An  Agreement  for  Lease — Ser- 
vice with  Copy — Payments  of  Annuities — A  Convey- 
ance  and  Receipt  of  Consideration  Money — To  prove 
Note  of  Hand,  and  other  Matters, 


To  prove  a 
register. 


To  prove  a 
notice. 


To  prove  a         1st.  Interrogalory.  Wlietlirr  or  no  did  you  know  A. 
death.  B.  of  in  his  life-time,  and  for  how  long  previous  to 

his  death  ?  Was  you  present  at  his  death  ?  If  yea,  where 
was  the  place  of  his  death,  and  whom  else  was  present 
thereat,  and  how  happened  it  that  you  was  present  ? 
Declare,  &c. 

2d.  Look  upon  tlie  paper-writing  now  produced, 
&c.  Did  you,  at  any  time,  and  when,  and  where, 
carefully  examine  the  same,  with  an  entry  thereof, 
made  in  the  register  book  of  any  and  what  parish  or 
place  ?  If  yea,  whether  or  no  is  the  same  a  true  copy 
of  such  entry  ?  Declare,  &c. 

3d.  Whether  or  no  did  you,  at  any  time  on  or  about 
the  day  of  ,  or  at  any  other  time,  and 

when,  deliver  to  ,  and  where,  any  and  what 

writing,  purporting  to  be  a  notice  from  ,  of  his 

desire  that  ,  or  to  any  such  or  the  like  eflect  ? 

Was  or  not  the  name  of  the  said  ,  subscribed 

thereto,  of  his  own  proper  Iiand-writing  ?  Did  you  not 
see  him   set  or  subscribe  his  name  thereto  ?  Did  you, 
or  not  keep  a  copy  of  such  notice  or  writing,   which 
was  so  delivered  ?  Look  upon  the  paper-writing  now 
produced,  Szc.     Is  the  same  or  not  a  true  copy  of  such 
notice  or  writing,  which  was  so  delivered  ?  Did  you  or 
not  ever  examine  and  compare  the  said  produced  writ- 
ing with  the  notice  or  writing  so  delivered  ?  Declare, 
&c. 
To  prove  1)1/         4th.  Look   at  the    paper-writing   marked    with   the 
what  authoritij     letter  A.  and  now  produced,  &c.     Whether  or  no  is 
agreement  teas     your  name,  appearing  to  be  set  and  subscribed  thereto, 
signed.  for  the  said   Defendant,  of  your  proper  hand-writing  ? 

If  yea,  when  did  you  so  set  and  subscribe  your  name 
thereto  ;  and  whether  or  no  had  you  the  instruction  or 


INTERROGATORIES. 


sm 


To  prove  an 
agreement  for 
a  lease. 


To  prove  an 
agreement  for 
a  lease. 


As  to  the  pay- 
ment of  annui- 
ties. 


direction  of  tlie  said  Defendant  to  sign  such  paper,  or 
any  such  paper,  or  to  make  any  such  agreement,  or  any 
other  and  what  agreement,  with  the  said  Complainant ; 
or  did  you,  at  any  time,  and  when,  previously  inform 
him,  or  intimate  to  him,  that  you  would,  on  his  part, 
sign  such  paper,  or  make  any  agreement  to  any  such  or 
what  other  effect  with  the  said  Complainant,  and  did  he 
approve  of  such  your  intention,  or  how  otherwise  ; 
or  did  you  at  any  time,  and  when,  first  afterwards  in- 
form him,  or  in  any  and  what  manner,  intimate  to  him 
that  you  had  such  paper,  or  made  any  agreement,  to 
any  effect  with  the  said  Complainant,  and  did  he  ap- 
prove thereof,  or  how  otherwise,  or  with  what  autho- 
rity, and  with  what  intention  did  you  so  sign  and  sub- 
scribe the  said  paper-writing  or  agreement  ?  Set  forth, 
&c. 

5th.  Whether  or  no  were  you  acquainted  with  R.  D., 
late  of  ,  but  now  deceased  ;  and  did  you 

ever  see  the  said  R.  D.  write,  or  are  you  by  any,  and 
what  other  means  acquainted  with  the  character  or 
manner  of  hand-writing  of  the  said  R.  D.  ?  Look  upon 
the  paper-writing  now  produced,  &c.  ;  whether  or  no 
is  the  name  R.  D.,  appearing  to  be  set  and  subscribed 
to  the  said  produced  paper-writing  marked  A,  of  the 
proper  hand-writing  of  the  said  R.  D.,  as  you  know  or 
believe  ?  Declare,  &c, 

6th.  Look  upon  the  said  paper-writing  or  agreement 
now,  &c.  Whether  or  no  did  you,  at  any  time,  and 
when,  and  where,  deliver  to  the  said  Defendant  any 
paper-writing,  purporting  to  be  a  copy  of  the  said 
paper-writing,  and  was  the  same  a  true  copy  thereof; 
and  whether  or  no  did  you,  at  the  time  of  dehvcring 
such  copy,  produce  to  the  said  Defendant  the  said 
original  paper-writing,  or  read  the  same  to  him  ;  and 
did  any  thing,  and  what,  pass  between  you  and  the  said' 
Defendant  thereupon  ?  Declare,  &c. 

7th.  Whether  or  no  are  any,  and  which  oi  the  an- 
nuitants in  the  said  Testator's  will  named,  living,  and 
have  any  aiid  which  of  the  said  annuitants  died,  since  the 
death  of  the  said  Testator,  and  when  particularly  : 
and  have  any  and  what  sum  or  sums  of  money  been 
paid  in  discharge  of  any  and  which  of  their  said  annui- 
ties, and  in  particular,   in  discharge  of  the  annuities 


596 


INTERROGATORIES. 


To  prove 
conveyance  and 
receipt  for  cnn- 
fr'ideration   in- 
dorsed thereon. 


To  prove  the 
finding  of  old 
deeds,  surveys, 


To  prove  a 
mil,  or  other 
writing,  in  the 
words  it  con- 
tains. 


To  pioct: 
notice. 


given  for  the  charitable  purposes  in  the  said  will  men- 
tioned, and  when,  and  by  whom,  and  have  any  and 
what  fund  or  funds  been  set  apart,  and  in  whose  name 
or  names,  and  in  what  manner,  to  answer  the  same 
annuities,  or  an}'  and  which  of  them  ?  Set  forth,  &c. 

8th.  Look  upon  the  deeds  or  parchment  writings 
now,  iVc.  Whether  or  no  was  the  said  produced  writ- 
ings, or  either  and  which  of  th.em,  at  any  time,  and 
when,  signed,  sealed,  and  delivered,  or  in  any  and  what 
manner  executed  by  any  person  or  persons,  and  whom, 
in  your  presence ;  and  is  your  name  set  and  subscribed 
as  a  witness  thereto,  of  your  proper  hand-writing  ? 
Look  upon  the  writing  indorsed  upon  the  back  of  the 
said  deed  or  parchment-writing,  marked  B,  and  pur- 
porting to  be  a  receipt  for  the  sum  of  ^  .  Whether 
or  no  was  such  writing  so  indorsed  at  any  time,  and 
when,  signed  by  any  person,  and  whom,  in  your  pre- 
sence ;  and  is  your  name  set  and  subscribed  as  a  witness 
thereto,  of  your  proper  hand-writing  ?     Set  forth,  &c. 

9th.  Look  upon  the  deeds,  papers,  or  writings  pro- 
duced, &c.  What  do  the  same  respectively  purport 
to  be  ;  were  or  was  not  the  same,  or  any  or  either,  and 
which  of  them,  at  or  about  any  and  what  time  or  times 
found,  and  by  whom,  and  on  what  occasion,  in  the 
custody  of  any  and  what  persons  or  person,  amongst 
any  deeds  or  writings  relating  to  any  and  what,  and 
whose  estate;  where,  and  in  whose  custody  have  or  hath 
the  same,  or  any  or  either  and  which  of  them,  been, 
from  time  to  time,  for  any  and  how  long  time,  kept, 
whether  amongst  the  deeds  or  writings  relating  to  any 
and  what  estate,  or  how  otherwise  ? 

lOlh.  Whether  or  no  doth  the  said  produced  writing, 
marked,  &c.  contain  the  words  following,  or  any  and 
what  other  words  ;  that  is  to  say  (7/ere  set  out  an 
exact  copy  of  the  will  and  attestation.)  Have  you  or 
not,  and  when,  and  with  whom,  examined  and  com- 
pared the  said  produced  writing,  with  the  words  set 
forth  in  tliis  interrogatory,  as  being  a  copy  thereof? 
Declare,  &c. 

1 1th.  Wlielher  or  no  did  you,  at  any  time  in  or  about 
the  year  ,  and  on  or  about  what  day  or  days  in 

particular,  deliver  to  Plaintiffs,  or  either  of  them,  and 
where,  any  and  what  writing,  purporting  to  be  a  notice 


IiNTERROGATORlES. 


567 


from  tlie  Defendant,  of  lier  desire,  that  the  Defendant 
should  not  be  disturbed  in  the  possession  of  any  and 
what  house,  or  to  any  such  or  the  like  effect  ?  Was 
or  not  the  name  of  the  Defendant  subscribed  thereto,  or 
to  either  and  which  of  them  ?  Were  both  such  notices 
or  writings  in  tiie  same  words  and  figures,  or  in  any 
and  what  respect  different  from  each  other  ?  Did  you  or 
not  keep  a  copy  of  each  or  either,  and  which  of  such 
notices  or  writings,  which,  if  any  were  or  was  so  deli- 
vered ?  Look  upon  the  paper-writing  now  produced 
and  shewn  to  you  at  this  the  time  of  your  examination, 
marked  with  the  leHer  B.  Is  the  same  or  not  a  true 
copy  of  each,  or  either  and  which  of  the  notices  or 
writings,  which,  if  any,  were  or  was  so'delivered  ?  Did 
you  or  not  ever  examine  and  compare  the  said  produced 
writing,  with  the  notices  or  writings  so  delivered,  or 
with  either  and  which  of  them  ? 
To  prove  re-  12th.  Look  upon,  &c.  Wliether  or  no  were  or  was 
ceipts  upon  any  and  what  receipt  or  receipts,  indorsed  thereon,  or 

deeds.  any,  or  either  and  which  of  them,  at  or  about  any  and 

what  times,  or  time,  by  any  and  what  persons  or  person, 
in  your  presence;  Are  you  or  not  a  subscribing  witness 
to  the  signing  of  all  or  any,  or  either  and  which  of  such 
receipts,  by  all  or  any,  or  either  and   which  of  such 
persons  ;  of  whose  hand  writing  is  yotu-  name,  now  ap- 
pearing to  be  set  or  subscribed   as  a   witness,  to  all 
or  any,  and  which  of  such  receipts  ?     Declare,  &c. 
To  prove  the         13th.  What  was  the  true  and  real  consideration  of 
consideration        the  said  deed,  marked,  &c.  ?  Was  or  were  not  any  and 
money  men-         what  sum  or  sums  of  money,  at  or  about  any  and  what 
tioned  to  be         time  or  times  paid,  as  for,  or  in  part  of  the  consideration 
paid  in  a  deed     thereof,  and  when  and  where,  and   by    whom,  and   on 
to  be  really  and     whose  account,  and  to  whom,   and  for  whom,  and  for 
bona  Me  paid,     whose  use,  and  for  what  occa.sion  ?     Was  you  or  not 
present  at  the  time  of  |)aying  the  same,  or  any  and 
what  part  thereof  .>  Did  or  not  the  person  who  signed 
the  receipt  indorsed  on  the  said  deed,  at  or  about  the 
time  of  signing  sucii  receipt,  say  or  declare  any  thing 
and  what,  concerning  his  having  or  not  having  received 
or  been  satisfied  with  the  whole,  and  what  part  of  the 
money  therein  expressed  to  be  paid  to  him  t     Declare 
&c. 


668 


INTERROGATORIES. 


To  examine 
as  to  bound- 
aries, customs, 
moduses,^c.8fc. 


To  prove  a 
cdpy  of  record. 


To  prove 
copies  of  the 
registers,  bap- 
tisms, Sfc. 


Interrogatory 
to  prove   two 
bonds  and  as 
to   the  circum- 
stances for 
which  they 
were  executed. 


I4tli.  Whether  or  no  liave  you,  at  any  and  what 
time  or  times,  and  upon  what  occasion,  received  any  and 
what  information  from  any  and  what  ancient  person  or 
persons  who  are,  or  is  now  deceased,  of  or  concerning 
all  or  any,  and  which  of  the  matters  in  this  interrogatory 
inquired  after  ?  If  yea,  did  you,  and  do  you  believe 
such  information  to  be  wholly  or  in  any  and  what 
respect  true  or  false  ?  When  did  such  person  or  persons 
die,  and  of  what  age  or  ages  were  or  was  he  or  they 
at  the  respective  times  of  his  or  their  deaths  ;  and  had 
or  had  not  he  or  they  lived  at  or  in  the  neighbourhood 
of  L.  aforesaid,  for  any  and  how  long  time  before  such 
information  was  given  ?  Declare,  &c. 

15th.  Look  upon,  &c.  Whether  or  no  do  or  doth 
the  same,  or  any  and  which  of  them,  contain  a  true  copy 
or  copies  of  any  and  what  record  or  records  of  any 
and  what  courts  or  court,  of  any  and  what  other  ori- 
ginal or  originals,  of  which  the  same  do  or  doth  appear 
to  be  a  copy  or  copies  ?  Have  you  or  not  carefully 
examined  and  compared  the  said  produced  writings,  or 
either  and  which  of  them,  and  such  if  any,  record  or 
records,  or  other  original  or  originals,  and  when  and 
where,  and  with  whom  ?  Declare,  &c. 

I6th.  Look  upon,  &c.  Are  or  is  the  same,  or  any 
or  either,  and  which,  true  copies,  or  a  true  copy  of  any 
and  what  entries  or  entry,  in  any  and  what  register  or 
registers,  of  any  and  what  parishes  or  parish  ?  Did  you 
or  not,  ever  and  when,  carefully  examine  and  compare 
the  said  produced  writings,  or  any  or  either,  and  which 
of  them,  with  such  respective  entries,  and  where,  and 
with  whom,  and  by  whom,  are  or  is  such  register  kept? 
Declare,  &;c. 

Look  upon  the  two  bonds  or  paper-writings  now 
produced  and  shewn  to  you  at  this  the  time  of  your 
examination,  marked  with  the  letters  A.  and  B,  Whe- 
ther or  no  were  the  same,  or  either,  and  which  of  them, 
made  and  executed  by  you  at  the  times  they  respectively 
bear  date,  or  when  else,  and  under  what  circumstances, 
and  for  what  considerations  respectively,  and  on  what 
terms  and  conditions  were  you  articled  as  a  clerk  to 
the  Testator  W.  G.  in  the  pleadings  in  this  cause 
flamed  ? 


;nterrogatoiIie3. 


569 


Interrogatory         Whetlier  or  no  did  the  Defendants,  or  either,  and 
to  prove  a  ten-     which  of  them,  or  any  and  what  person  or  persons,  on 
der  of  money,     their  or  either  and  which  of  their  behalf,  at  any  times 
and  refusal.         or  time,  and  when,  or  about  what  times  or  time  particu- 
larly, and  whether  before  or  after  the     day  of      tender 
or  offer  to  pay  or  satisfy  unto  any  and  what  persons  or 
person,  any  and   what  sums  or  sum  of  money,  in  or 
towards  discharging  any  and  what  legacies  or  legacy 
given  by  the  will  of  ?  Were  or  was  not  any  and 

what  securities  or  security,  and  from,  and  to  whom, 
for  payment  of  any  and  what  sums  or  sum  of  money 
produced,  and  by  whom,  at  all,  or  any,  and  which  of 
such  times  ?  Did  the  persons  to  whom  such,  if  any,  tender 
were  offered  or  made,  at  any,  or  either,  and  which  of 
such  times,  agree  or  refuse  to  accept  the  money  or  other 
satisfaction  so  offered  ?  How,  and  in  what  manner  did 
he,  she,  or  they,  at  such  time  or  times,  express  or  de- 
clare him  or  herself,  or  themselves  relating  thereto  ? 
To  prove  the         Whether  or  no  was  there,  on  the  day  of 

atnnunt  of  a        any  and  what  sum  of  money  due  and  owing  to  the  above 
mortgage  debt,     named  Complainants  T.   B.  and  B.  B.  and  their  part- 
ners in  the  R,  bank,  in  respect  of  monies  advanced  by 
the  said   Complainants,  to  or  for  the  use,  or  on  the 
account  of  the  said  T.  B.  and  B.  B.  and  their  said  part- 
ners or  otherwise,  and   what  is  now  due  to  the  said 
Complainants  in  respect  thereof?  Set  forth,  &c. 
To  prove  note         Look  upon  the  paper-writings  now  produced,  &c. 
of  hand.  and  piuporting  to  be  a  promissory  note  for  £ 

from  A.  B.  deceased,  in  the  pleadings  of  this  cause 
named,  to  the  said  Complainants,  and  bearing  date 
the  day  of  .     Whether  or  no 

did  you  ever  see  the  said  A.  B.  wiite,  or  are  you  by 
any  otiier  and  what  means,  acquainted  with  the  charac- 
ter and  manner  of  his  handwriting,  and  whether  or  no 
is  the  name  A.  B.  fippearing  to  be  set  and  subscribed 
to  the  said  produced  paper-writing  marked  D,  of  the 
proper  hand-writing  of  the  said  A.  B.   as  you,  for  any 
and  what  reason,  know  or  believe  ?    Declare,  &c. 
To  prove  in         In  what  manner,  and  at  what  periods  were  the  balance 
what  manner       sheets  of  the  said  accounts  made  up ;  were  or  were  not 
and  at  what         such  balance  sheets  from  time  to  time  delivered  to   'he 
tiine  the  balance    said  T.    B.  ?    If   yea,    for  what  reason  anJ  for  what 
of  accounts  of     purpose  were  such  balance  sheets  Bjade  up  and  delivered 

1^ 


570 


IxNTERROGATORIES. 


partnership  to  the  said  T.  B.  ?  Did  you  or  did  you  not  at  any  lime 

icere  made  up,     and  when,  during  the  continuance  of  the  said  partner- 
^c.  ship  between  the  said  G.  P.  and  T.  B.  and  yourself, 

consider  the  said  T.  B.  entitled  to  any  and  what  share 
and  proportion  of  the  profits  of  the  said  brokage  busi- 
ness ?  And  if  he  the  said  T.  B.  had  demanded  any  share 
or  proportion  of  such  profits  in  the  years  when  such 
business  was  profitable,  should  you  or  should  you  not 
have  complied  with  such  demand,  &c.  ?  Set  forth,  &c. 
Interrogatory  Was  not  the  said  Testator  P.  C.  at  his  death,  pos- 
as  to  the  posses-  sessed  of,  or  in  some  manner  interested  in  a  messuage 
sion  of  an  estate,  or  tenement  at  H.  in  the  county  of  M.  ?  If  yea,  set 
forth  the  particulars  of  which  the  same  consisted,  and 
from  whom,  and  under  what  lease  or  agreement,  and 
for  what  term,  and  at,  and  by  what  yearly  or  other  rent 
the  same  and  every  part  thereof  was  holden  by  the  said 
Testator  ;  and  set  forth  also  at  what  rent  and  other  con- 
ditions, and  for  what  term  of  years  you  have  since  taken 
the  same,  and  in  whose  occupation  the  same  and  every 
part  thereof  halli  been  since  the  death  of  the  said  Tes- 
tator, and  now  is,  and  at  what  rent  or  rents. 

Whether  or  no  have  you,  or  either  and  which  of  you, 
since  the  death  of  the  said  Testator,  possessed  any  and 
what  property  of  the  said  Testator  which  was  specifi- 
cally bequeathed  b}'  him,  other  than  and  except  such 
moieties  as  you  have  delivered  to  the  specific  legatees? 
If  yea,  set  forth  a  full,  true,  and  particular  inventory 
and  account  thereof,  and  of  every  part  thereof,  and  of 
all  particulars  whereof  the  same  consisted,  and  the 
<iuantlties,  qualities,  full,  real,  and  true  values  of  the 
said  particulars  respectively. 
To  prove  debts  Whether  or  no  was  the  Testator  W.  O.  in  the  plead- 
due.  ings  in  this  cause  named,  at  the  time  of  his  death,  in- 

debted  to   the   said    Complainants  P.  and  S.  or  either 
and  which  of  them,  in  any  and  what  sum  or  sums  of 
money,  and  when,  and  by  what  means,  and  on  what 
account  did   the  said  Testator  so  become   indebted  ? 
Declare,  &c. 
Interrogatory         Whether  or  no  did  you  know  W.  G.  late  of,  &c.  but 
to  prove  the        now  deceased,  the  Testator  in  the  pleaC'Sugs  of  this 
idendity  of  a       cause  named,  for  how  long  a  time  previous  to  his  death  ; 
person.  and  did  you  know   S.   I.  the  nephew  of  the  said  Tes- 

tator, and  in  what  profession  or  situation  o(  life  was 


As  lo  what 
property    ivas 
possessed  speci- 
fically be- 
queathed. 


INTERROGATORIES.  571 

the  said  S.  I. ;  and  did  the  said  S.  I.  ever,  and  when, 
serve  on  board  his  majesty's  ship  U.  and  in  what  cha- 
racter, and  what  has  become  of  the  said  S.  I.  as  you 
know,  or  for  any  and  what  reason  believe  ?    Declare 
the  truth,  and  your  knowledge  therein. 
To  prove  the         Look  upon    the  paper-writing   now    produced    and 
entri/  in  the        shewn  to  you  at  this  tlie  time  of  your  examination, 
navy-office  marked  with  the  letter  A.     Whether  or  no  did  you  at 

hookf^.  any  time,  and  when  compare  the  same,  with  any  entry 

in  any,  and  what  book  kept  at  his  majesty's  navy  office  ; 
and  whether  or  no  is  the  same  a  true  copy  of  such 
entry  ?   Declare,  &c. 


The  Title  of  Interrogatories  for  the    Examination  of  a 
Party  pro  intercsse  suo. 

Between  W.  A.,  J.  A,  C.  A.,     .     .     Plaintifl's, 
and 
IL  S.,  W.  O.,  J.  R.,  J.  T.,  Defendants. 
Interrogatories  exhibited  before  W.  W.  P.  esq.,  one 
of  the  Masters   of  the  High  Court  of  Chancery, 
for  the  examination  of  W.  D.   a  Defendant  in  this 
cause,  pro  interesse  suo,  in  certain   estates  in  the 
pleadings  in  this  cause  mentioned,  pursuant  to  an 
order  made  by  the  said  Court,  bearing  date  the 
day  of 


The   Title  of  Interrogatories  for  cross  Examination  of  a 
Party  examined,  pro  interesse  suo. 

Between  W.  A.,  &c Plaintiff, 

and 
H.  S.,  &c.  &c.  .  .  .  Defendant. 
Interrogatories  exhibited  before  W.  W.  P.  one  of 
the  Masters  of  the  High  Court  of  Chancery  for 
the  cross-examination  of  the  above-named  Defen- 
dant W.  O.  pursuant  to  an  order  made  in  this 
cause,  bearing  date  the  day  of  , 

whereby  it  was  ordered  that  the  said  Defendant 
W.  O.  be  at  liberty  to  go  before  Mr.  P.  one  of 
the  Masters  of  the  said  Court,  and  be  examined, 
pro  interesse  stio. 


572 


SECT.  III. ORDERS.. 


THERE  are  many  occasions  iiiteivenhig  in  a  cause 
which  require  motions  or  petitions  to  set  them  right ;  some 
of  these  arc  for  matters  of  course.  These  are  commonly 
called  interlocutory  orders ;  sometimes  they  relate  to  the 
prosecuting  or  carrying  on  of  a  cause,  and  sometimes  they 
are  touching  process,  &c.  At  other  times  they  are  founded 
on  the  standing  orders  of  the  court,  and  upon  the  particular 
circumstances  of  the  case,  and  are  made  upon  the  applica- 
tion of  some  person,  either  Plaintiff  or  Defendant,  inte- 
rested in,  or  affected  by  the  cause.  When  they  are  made 
upon  hearing  counsel  on  both  sides,  regard  is  always  had 
to  the  general  rules  of  the  court ;  but  when  they  are  made 
by  consent  of  parties,  they  are  often  out  of  the  general 
rules,  or  course  of  the  court;  in  which  cases  the  special 
reasons,  moving  the  court  to  vary  from  those  rules,  are 
always  expressed  in  such  order. 

Where  any  subsequent  order  is  obtained,  and  a  former 
order,  material  for  the  court  to  take  notice  of,  is  con- 
cealed, or  not  truly  and  fairly  represented,  no  benefit 
shall  be  taken  of  the  subsequent  order ;  but  the  court,  upon 
motion,  will  either  set  aside,  or  alter  the  same,  as  obtained 
surreptitiously  ;  and,  therefore,  the  register,  in  drawing  up 
such  orders,  always  mentions  the  next  precedent  order,  in 
which  great  care  ought  to  be  taken  that  it  be  fully  and 
truly  recited,  lest  a  mistake  therein  should  vitiate  the 
order. 


ORDERfs.  573 

Order  for  Injunction  on  Attachment  for  Want  of  Appearance. 

Forasmuch  as  this  Court  was  this  present  day  informed  by  Mr. 
of  counsel  for  the  Plaintiff,  that  the  Defendant  being  served  with  pro- 
cess to  appear  to  and  answer  the  Plaintiff's  bill  refuses  so  to  do ;  but 
sits  an  attachment  in  contempt  for  want  of  his  appearance,  and  yet  in  the 
mean  time  prosecutes  the  Plaintiff  at  law,  for  the  matters  in  the  bill 
complained  of;  and  it  is  thereupon  ordered  that  an  injunction  be  awarded 
for  stay  of  the  Defendant's  proceedings  at  law,  for  and  touching  any  mat- 
ters here  in  question,  until  the  Defendant  shall  appear  to  the  Plaintiff's 
bill,  clear  his  contempt,  and  this  Court  make  other  order  to  the  con- 
trary ;  but  the  Defendant  is  in  the  mean  time  at  hberty  to  call  for  a  plea 
and  proceed  to  trial  thereon,  and  for  want  of  a  plea  to  enter  up  judg- 
ment J  but  execution  is  hereby  stayed. 


Order  for  Injunction  on  Attachment  for  Want  of  Answer. 
Forasmuch  as,  &c.  that  Defendant  being  served  with  process  to  ap- 
pear to  and  answer  the  Plaintiff's  bill,  hath  appeared  accordingly  ;  but 
sits  out  all  process  of  contempt  for  want  of  his  answer.     And  yet,  &c. 
(Vide  Above.) 

Order  for  Injunction  on  Dedimus  and  Order  for  Time. 
Forasmuch  as,  &c.  that  Defendant  being  served  with  process  to  ap- 
pear to  and  answer  the  Plaintiff's  bill  hath  appeared  accordingly ;  but 
for  delay  hath  craved  a  commission  to  answer  in  the  country,  or  obtained 
an  order  for  time  to  answer.  And  yet,  &c.  (As  above,  except  leaving 
out  the  words  relating  to  the  contempt.) 


Order  for  Injunction  to  stay  Waste. 
Upon  opening,  &c.  (here  state  the  case,)  to  be  relieved  wherein,  and 
for  an  injunction,  the  Plaintiff  hath  exhibited  his  bill  in  this  Court  against 
the  Defendant,  as  by  the  Six  Clerk's  certificate  appears.  And  therefore 
it  was  prayed  that  an  injunction  may  be  awarded  against  the  Defendant 
to  restrain  him,  his  servants,  workmen,  and  agents,  from  committing 
any  waste  or  spoil  upon  the  premises  in  question,  until  the  Defendant 
shall  fully  answer  the  Plaintiff's  bill,  and  this  Court  make  other  order  to 
the  contrary,  which  upon  reading  the  said  affidavit,  is  ordered  accord- 
ingly. 

N.  B.  The  case  to  be  stated  from  the  affidavit  only,  except  when  an 
answer  has  been  put  in  to  an  original  bill,  and  a  supplemental  bill  after- 
wards states  the  waste. 


574  ORDERS. 

Order  for  an  Injunction  to  stay  Printing  Books. 
Upon  opening,  &c.  (same  as  last,)  and  therefore  it  was  prayed  that 
an  injunction  may  be  awarded  against  the  Defendant  to  restrain  him, 
his  servants,  workmen,  and  agents,  from  printing,  publishing,  and  vend- 
ing the  said,  &c.  until,  &c. 

Order  for  an  Injimction  on  a  Dedimus,  and  to  extend  to  stay  Proceed- 
ings  on  Plaintiff's  Bail  Bond. 

Upon  morion  tliis  day  made  unto  this  Court,  by  Mr.  being 

of  counsel,  &c.  it  was  alleged  that  the  Defendant,  being  served 
with  process  to  appear  to  and  answer  the  Plaintiff's  bill,  hath  appeared 
accordingly  but  for  delay  hath  craved  a  commission  to  answer  in  the 
country,  and  yet  in  the  mean  time  prosecutes  the  Plaintiff  at  law  for  the 
matters  in  the  bill  complained  of.  And  the  Defendant  having  obtained 
an  assignment  of  the  bail  bond,  entered  into  by  the  Plaintiff  to  the  she- 
riff, to  the  action  at  law,  is  also  proceeding  thereon  at  law  against  the 
Plaintiff's  bail.  It  was  therefore  prayed,  that  an  injunction  may  be 
awarded  for  stay  of  the  Defendant's  proceedings  at  law  against  the 
Plaintiff's  bail,  upon  the  assignment  of  the  bail  bond,  whereupon,  and 
upon  hearing  an  affidavit  of  notice  of  this  motion,  &c.  It  is  ordered, 
that  an  injunction  be  awarded,  &c.  but  execution  is  hereby  stayed.  It 
is  further  ordered,  that  the  said  Defendant  be  also  restrained  from  pro- 
ceedings at  law,  to  take  out  execution  against  the  Plaintiff's  bail,  until 
he  shall  fully  answer  the  Plaintiff's  bill,  and  this  Court  make  other 
ctfder  to  the  contrary. 

This  was  made  in  a  case  of  "  Stone  v.  Tuffm,"  the  8th  December, 
1744.     Temp.  Lord  Hardwicke,  C. 


Order  to  dissolve  Injunction  nisi. 
Whereas  the  Plaintiff  obtained  an  injunction  for  stay  of  the  Defen- 
dant's proceedings  at  law  till  answer,  and  other  order  to  the  contrary, 
now  upon  motion  this  day  made  by  Mr.  ,  being  of  the  Defen- 

dant's counsel.  It  was  alleged,  that  the  Defendant  hath  since  put  in  a 
full  and  perfect  answer  to  the  Plaintiff's  bill,  and  hereby  denied  the 
whole  equity  thereof.  And  therefore  it  was  prayed  that  the  said  in- 
junction may  be  dissolved,  which  is  ordered  accordingly,  unless  the 
Plaintiff,  his  clerk  in  Court  having  notice  hereof,  shall  on  show 

unto  this  Court  good  cause  to  the  contrary. 


Order  to  amend  by  adding  Parties  on  paying  Costs  of  the  Day. 
This  cause  coming  on  this  present  day,  to  be  heard  and  debated  before 
iihe  Right  Honorable  the  Lord  High  Chancellor  of  Great  Britain,  in 


ORDERS.  575 

the  presence  of  counsel  learned  on  both  sides,  and  the  pleadings  in  the 
'cause  being  opened,  upon  debate  of  the  matter,  and  hearing  of  what  was 
alleged,  by  the  counsel  on  both  sides,  his  Lordship  doth  order  that 
this  cause  do  stand  over,  and  that  the  Plaintiffs  be  at  liberty  to  amend 
their  bill  by  adding  parties  thereto,  or  otherwise,  as  they  shall  be  ad- 
vised ;  but  the  Plaintiffs  are  to  pay  unto  the  Defendants  the  costs  of 
the  day. 


Oi'der  to  dismiss  Bill  for  Want  of  Prosecution. 
Upon  motion  this  day  made  unto  this  Court,  by  Mr.  ,  of 

counsel  for  the  above  named  Defendants,  it  was  alleged  that  this  cause 
came  on  to  be  heard  on  the  day  of  ,  ,  when  it 

was  ordered,  &c.  that  the  Plaintiffs  have  not  stirred  a  step  in  the 
cause  since  the  date  of  the  said  order  ;  and  therefore  it  was  prayed  that 
the  Plaintiffs  may  within  a  fortnight  amend  their  bill,  pui-suant  to  the 
said  order,  or  in  default  thereof,  that  the  said  order  may  be  discharged, 
and  that  the  Plaintiff's  bill  may  stand  dismissed  as  to  the  said  Defen- 
dants, with  costs  to  be  taxed,  which  upon  hearing  an  affidavit  of  notice 
of  this  motion  read,  is  ordered  accordingly.  And  it  is  hereby  referred 
to  Mr.  ,  one  of  the  masters  of  this  Court,  to  tax  the  said  costs. 


Order  where  a  Notice  to  site  out  Execution  had  been  served,  that  the  same 
skoidd  stand  over,  and  the  Benefit  of  the  Notice  saved. 
Whereas  the  Defendant  gave  notice  that  this  Court  would  be  moved 
on  the         day  of  instant,  that  the  Defendant  might  be  at  liberty 

to  sue  out  execution  against  the  Plaintiff,  in  the  action  brought  by  him, 
the  Defendant  against  the  Plaintiff,  in  his  Majesty's  Court  of  K.  B. 
on  the  said   Plaintiff's  note  of  hand   for  £  and  interest.     And 

whereas  the  benefit  of  the  said  notice  has  been  saved  by  order  to  this 
day.     Now,  upon  motion  this  day  made  unto  this  Court  by  Mr.  , 

of  counsel  for  the  Defendant,  it  was  prayed  that  the  benefit  of  the  said 
notice  may  be  further  saved  to  the  first  day  of  next  Trinity  Term, 
which  is  ordered  accordingly. 


Order  to  amend  a  Bill  on  Payment  of  20s.  costs. 

Upon  motion,  &c.  it  was  alleged  that  the  Defendant  having  put  in  his 
answer  to  the  Plaintiff's  bill,  the  Plaintiff  upon  perusal  thereof,  is  ad- 
vised to  amend  his  bill ;  and  therefore  it  was  prayed  that  the  Plaintiff 
may  be  at  liberty  to  amend  his  bill,  as  he  shall  be  advised,  upon  pay- 
ment of  20s.  costs  to  the  Defendant  in  respect  thereof,  which  is  ordered 
accordingly. 


576  ORDERS. 

Order  to  amend  a  Bill  without   Costs,  the  Defendant  having  appeared 
hut  not  answered. 

Upon  motion,  (fee.  it  was  alleged,  that  the  Plaintiff  having  exhibited 
his  bill  in  this  Court  against  the  Defendant,  he  appeared  thereto,  and  the 
Plaintiff  is  since  advised  to  amend  his  bill;  therefore,  and  in  regard  the 
Defendant  hath  not  yet  put  in  his  answer.  It  was  prayed  that  the 
Plaintiff  may  be  at  liberty  to  amend  his  bill,  as  he  shall  be  advised, 
without  costs,  which  is  ordered  accordingly ;  but  the  Plaintiff  is  to 
amend  the  Defendant's  copy  of  the  bill. 


Order  to  amend  a  Bill  without  Costs,  the  Defendant  not  having  appeared. 
Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff  hath  exhibited 
his  bill  into  this  court  against  the  Defendant,  and  is  since  advised  to 
amend  the  same;  therefore,  and  in  regard  the  Defendant  hath  not  yet 
appeared  to  the  Plaintiff's  bill.  It  was  prayed  that  the  Plaintiff  may  be 
at  liberty  to  amend  his  bill  as  he  shall  be  advised,  without  costs,  which 
is  ordered  accordingly. 


Order  to  ameml  a  Bill  without  Costs  after  Answer. 
Upon  motion,  &c.  it  was  alleged  that  some  of  the  Defendants  hav- 
ing put  in  their  answer  to  the  Plaintiffs'  bill,  the  Plaintiffs,  upon  perusal 
thereof,  are  advised  to  amend  their  bill,  but  shall  not  require  any  further 
answer  from  the  Defendants ;  and  therefore  it  was  prayed  that  the  Plain- 
tiffs may  be  at  liberty  to  amend  their  bill,  as  they  shall  be  advised, 
without  costs,  which  is  ordered  accordingly,  the  Plaintiffs  amending  the 
Defendants'  copy  of  the  bill. 

Order  to  amend  a  Bill  and  ansiccr  Exceptions  at  the  same  Time. 
Upon  motion,  Szc.  it  was  alleged  that  the  Plaintiff  having  excep-. 
tions  to  the  Defendant's  answers,  the  same  bath  been  reported  insuffi- 
cient, (or)  the  Defendant  submitted  to  put  in  a  further  answei'.  It  was 
therefore  prayed  that  the  Plaintiff  may  be  at  liberty  to  amend  his  bill, 
without  costs,  and  that  the  Defendant  may  answer  the  Plaintiff's  amend- 
ed bill,  at  the  same  time  he  answers  the  said  exceptions,  which  is  ordered 
accordingly,  the  Plaintiff  amending  the  Defendant's  copy. 

Order  to  withdraw  a  Replication,  and  amend  a  Bill. 
Upon  motion,  &:c.  it  was  alleged  that  the  Defendants  having  put  in 
their  answer  to  the  Plaintiff's  bill,  the  Plaintiff  replied  to  such  answer, 
and  is  since  advised  to  amend  his  bill,  and  therefore  it  was  prayed  that 


ORDERS.  577 

the  Plaintiff  may  be  at  liberty  to  withdraw  his  'replication,  and  amend 
his  bill,  on  payment  of  20s.  costs  to  the  Defendant,  in  respect  thereof, 
which  is  ordered  accordingly. 

N.  B.  It  is  ordered  that  where  exceptions  to  answer  are  allowed,  the 
Defendants,  if  they  have  answered  separately,  must,  upon  application 
to  the  court  for  time  to  answer  said  exceptions,  make  separate  motionsj 
otherwise  if  answer  is  put  in  jointly. 


Order  to  amend  Ansiver, 

Forasmuch,  &c.  that  the  Defendant  since  putting  in  his  answer  to  the 
Plaintiff's  bill  hath  discovered  that  in  the  title  to  his  said  answer  he 
hath  made  a  mistake  in  the  christian  name  of  the  Plaintiff,  by  calling 
him  instead  of  .      It  is  therefore  nrayed  that  the   De- 

fendant be  at  liberty  to  take  his  said  answer  off  the  file,  and   amend 
the  same  in  the  title  thereof,  by  naming  the  Plaintiff  ins-tead  of 

,  and  that  after  such  amendment  the  Defendant  do  re^-swear  the 
said  answer. 


Order  to  amend  a  Bill,  hy  adding  Parties,  requiring  no  further  Ansioer 
from  the  Defendants  loho  have  ansicercd. 

Upon  motion,  &c.  it  was  alleged  that  some  of  the  Defendants  having 
put  in  their  answer  to  the  Plaintiffs'  bill,  the  Plaintiffs  are  advised  to 
amend  their  bill  by  adding  Defendants  thereto,   but  shall  not 

require  further  answers  from  the  said  Defendants  who  have  already  an- 
swered ;  and  therefore  it  was  prayed,  that  the  Plaintiffs  may  be  at  liberty 
to  amend  their  bill  as  they  shall  be  advised,  by  making  the  De- 

fendants thereto  with  apt  words  to  charge  them,  which  is  ordered  accord- 
ingly, but  the  Plaintiffs  are  to  amend  the  Defendants'  copies  of  the  bilk 


Order  to  amend  hy  making  some  of  the  Plaintiffs  Defendants. 

Upon  motion,  &c.  it  was  alleged  that  the  present  Plaintiffs,  together 
with  ,  having  exhibited  their  bill  in  this   court  against  the    De- 

fendants, are  advised  to  strike  out  the  names  of  the  said  from 

being  Complainants,  and  to  name  them  Defendants ;  and  therefore  it 
was  prayed,  that  the  Plaintiffs  may  be  at  liberty  to  amend  their  bill 
without  costs,  by  striking  out  the   said  from  being  Complain- 

ants, and  by  making  them  Defendants,  which  is  ordered  aorordingly,  but 
♦he  Plaintiffs  are  to  amend  the  Defendants'  copies  of  the  bilL 

74 


578  ORDERS. 

Order  to  amend  a  Bill  on  Payment  of  2Qs.  Costs  to  some  of  tlie  Defen- 
dants, and  without  Costs  as  to  ofJiers,  requiring  no  further  Answer. 

Upon  motion,  &;c.  it  was  alleged,  that  since  the  coming  in  of  some 
of  the  Defendants'  answers,  the  Plaintifls  are  advised  to  amend  their 
bill,  but  shall  not  require  any  further  answer  from  the  said  Defendants 
who  have  answered  :  and  therefore  it  was  prayed,  that  the  Plaintiffs  may 
be  at  liberty  to  amend  their  bill  on  payment  of  20s.  costs  to  the  De- 
fendants, from  whom  they  shall  require  further  answer,  and  without  costs 
as  to  the  Defendants  from  whom  they  shall  not  require  further  answers, 
amending  their  copies  of  the  bill,  which  is  ordered  accordingly. 

Order  to  amend  a  Hill  without  Costs,  the  Defendant  submitting  to  put  in 
a  further  Answer. 

Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff  having  taken 
exceptions  to  the  Defendant's  answer,  the  Defendant  hath  submitted  to 
put  in  a  further  answer,  since  which  the  Plaintiff  is  advised  to  amend  his 
bill,  and  the  Defendant  not  having  yet  put  in  a  further  answer,  it  was 
prayed  that  the  Plaintiff  may  be  at  liberty  to  amend  his  bill  as  he  shall  be 
advised,  without  costs,  which  is  ordered  accordingly,  the  Plaintiffs  amend- 
ing the  Defendant's  copy  of  the  bill. 

Order   to  amend   a   Bill  after  Ansioer,   the   Plaiutiff'  having  excepted 
thereto.,  and  no  other  Ansiccr  coming  in. 

Upon  motion,  &c.  it  was  alleged  that  the  Defendants  having  put  in 
their  answers  to  the  Plaintiff's  bill,  the  Plaintiff  hath  taken  exceptions 
thereto,  since  which  the  Defendants  hath  not  put  in  any  other  answer, 
and  the  Plaintiff  is  advised  to  amend  his  bill ;  and  therefore  it  was 
prayed  that  the  Plaintiff  may  be  at  liberty  to  amend  his  bill,  as  he 
shall  be  advised,  without  costs,  which  is  ordered  accordingly,  amending 
the  Defendants'  copies  of  the  bill. 


Order  for  an  Attachment,  and  all  other  Proceediiigis  of  Contempt 
returnable  immediately. 

Upon  motion,  &c.  it  was  alleged  that  the  Defendant  is  in  contempt 
to  an  attachment  for  want  of  his;  answer  to  the  Plaintiff's  bill,  and  lives 
within  miles  of  L.,  as  by  affidavit  now  read  appears.     It  was  there- 

fore prayed  that  an  attachment,  and  all  other  process  of  contempt  may 
be  awarded  against  the  said  Defendant  returnable  immediately,  to  com- 
pel him  to  answer  the  Plaintiff's  bill,  which  is  ordered  accordingly. 


ORDERS.  579 

Order  to  appoint  a  Defendant  a  Clerk  in   Court,  pursuant  to   the 

Statute. 

Forasmuch  as  the  Defendant  was  this  day  brought  to  the  bar  of  this 
Court  by  virtue  of  a  writ  of  H,  C,  directed  to  the  warden  of  the  Fleet, 
to  answer  his  contempt  in  not  appearing  to  the  Plaintiff's  bill,  and  now 
refusing  or  neglecting  to  enter  his  appearance,  or  to  appoint  a  clerk  in 
Court  to  act  in  his  behalf,  and  ftlr.  of  counsel  with  the 

Plaintiff,  moving  the  Right  Hon.  that  the  Court  would 

pursuant  to  the  late  act  of  parliament  in  that  case  made  and  provided, 
appoint  one  of  the  sworn  clerks  of  this  Court  to  appear  for  the  said 
Defendant  in  this  cause,  as  if  the  said  Defendant  had  actually  appeared. 
It  is  ordered  that  one  of  the  sworn  clerks  of  tliis  Court  do  enter  an 
appearance  for  the  said  Defendant  to  the  Plaintiff's  bill,  and  that  the 
said  Mr.  be  remanded ;  and  that  upon  the  said  JMr.  his 

entering  such  appearance  for  him,  and  the  said  Defendant  clearing  his 
contempt,  the  said  Defendant  be  discharged  out  of  custody  of  the  war- 
den of  the  Fleet  from  his  said  contempt. 


Order  to  accept  Exceptions. 

Upon  motion,  &c.  upon  the  hearingj  it  was  alleged  that  the  Defea- 
dant  on  the  day  of  put  in  his  answer  to  the  Plaintiff's  bill,  and  the 
Plaintiff  hath  taken  exceptions  to  such  answer;  but  in  regard  the  said  ex- 
ceptions did  not  come  in  by  the  time  limited  ;  by  the  rules  of  the  Court, 
the  Defendant's  clerk  in  Court  refuses  to  accept  the  same,  and  therefore 
it  was  prayed  that  the  said  Defendant's  clerk  in  Court  may  accept  the 
said  exceptions,  as  if  the  same  had  been  delivered  in  time,  which  is 
ordered  accordingly. 

N.  B.  If  two  terms  are  expired  since  filing  the  answer,  this  order  is 
not  granted  but  upon  special  allegation  = 


Order  to  refer  Exceptions  at  Defendanfs  Request. 

Forasmuch,  &c.  that  the  Defendant  having  put  in  his  answer  to  the 
Plaintiff's  bill,  the  Plaintiff  for  delay  hath  taken  exceptions  thereto,  al- 
though the  Defendant's  answer  is  very  sufficient,  as  the  Defendant  is 
advised.     And  it  is  thereupon  ordered. 

Order  to  refer  Exceptions. 
Forasmuch,  &c.  that  the  Plaintiff  having  taken  exceptions  to  the  De- 
fendant's answer,  the  Defendant  hath  not  amended  the  same  !>y  tlie  time 
limited  by  the  rules  of  the  Court.     It  is  thereupon  ordered  to  be  referred 


580 


ORDERS. 


to  Mr.  one  of  the  masters  of  this  Court,  to  look  into  the  PlaiiJ- 

tiff's  bill  the  Defendant's  said   answer,   and  the   Plaintiff's  said  excep- 
tions, and  certify  whether  the  said  answer  be  sufficient  or  not. 


Order   to  stay  rroccedings  on  the  Master- s  Report,  Exceptions  being 

fled. 

Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff  had  filed  excep- 
tions to  the  report  made  in  this  cause  by  Mr.  one,  &c.  dated  the 
day  of  and  deposited  £  with  the  register,  according  to  the 
rule,  as  by  the  register's  certificate  appears.  It  was  therefore  prayed, 
that  all  proceedings  on  the  master's  report  may  be  stayed,  until  the  ex- 
ceptions shall  be  argued  and  determined,  which  is  ordered  accordingly. 


Order  to  procure  a  Report  in  Days,  and  continue  an  Injunction  in 

the  mean  time. 

Whereas   by  an  order  of  the         day  of  for  the  reasons  therein 

contained,  it  is  ordered  that  the  injunction  granted  in  this  cause,  for 
sta)  of  the  Defendant's  proceedings  at  law  should  be  dissolved,  unless 
the  Plaintiff,  his  clerk,  in  Court,  having  notice  thereof,  should  on  this  day 
shew  unto  this  Court  good  cause  to  the  contrary.  Now,  upon  motion,  &c. 
it  was  alleged,  that  the  Defendant  having  put  in  an  insufficient  answer 
to  the  Plaintiff's  bill,  the  Plaintiff  liath  taken  exceptions  thereto,  since 
whith  the  Defendant  hath  not  put  in  any  further  answer,  although  the 
Defendant's  is  very  insufficient,  as  the  Plaintiff  is  advised  ;  and  therefore 
it  was  prayed,  that  the  said  injunction  may  be  continued  until  the  said 
Defendant  hath  put  in  a  perfect  answer  to  the  Plaintiff's  bill.  Where- 
upon, and  upon  hearing  of  what  was  alleged  by  the  counsel  on  both  sides, 
it  is  ordered  that  it  be  referred  to  Mr.  one,  &:c.  to  look  into  the 

Plaintiff's  bill,  the  Defendant's  said  answer,  and  the  Plaintiff's  said  ex- 
ceptions, and  certify  whether  the  said  answer  be  sufficient  or  not.  But 
the  Plaintiff  is  to  procure  the  master's  report  in  days,  or  in  default 

thereof  the  said  injunciion  is  to  stand  dissolved  wilhout  further  motion, 
which  in  the  meantime  is  hereby  continued. 


To  refer  Examination. 

Upon  motion,  &c.  that  the  Defendant  having  put  in  his  examination 
to  certain  interrogatories  exhibited  by  the  Plaintiff,  before  Mr. 
one,  &c.  pursuant  to  the  decree  in   this  cause,  the  said  Defendant  hath 
since  put  in  his  examination  to  the  said  interrogatories,  which  the  Plain- 
tiff is  advised  is  insufficient  5  and  therefore  it  was  prayed,  that  it  may 


ORDERS.  581 

be  referred  to  the  said  master  to  look  into  the  said  interrogatories  and 
examination,  and  to  certify  whether  the  said  examination  be  sufficient  or 
not,  which  is  ordered  accordingly. 


Order  to  refer  Examination  of  Commissioners  of  Sequestration. 
Upon  opening,  &c.  per  Defendant,  it  was   alleged  that  of  the 

commissioners,  named  in  a  commission  of  sequestration  awarded  against 
the  Defendant,  having  been  examined  on  interrogatories  before  Mr. 
one,  &c.  have,  as  the  said  Defendant  is  advised,  put  in  an  insufficient 
examination  thereto.  It  is  ordered  that  it  be  referred  to  the  said  mas- 
ter to  look  into  the  said  exceptions,  and  certify  whether  the  same  be 
sufficient  or  not. 


Order  for  a  Commission  to  assign  a  Guardian. 
Upon  motion,  &c.  it  was  alleged,  that  the  Plaintiff  hath  exhibited  his 
bill  into  this  court  against  the  Defendants,  who  live  in  .     There-. 

fore,  and  in  regard  the  Defendant  is  an  infant,  and  he  and  the  other 
Defendants  are  not  in  contempt,  and  have  not  had  any  order  for  time. 
It  was  prayed  that  a  commission  may  issue  directed  to  certain  commis- 
sioners, to  be  therein  named,  to  call  the  Defendant,  the  infant,  before 
them,  to  choose  him  a  guardian,  by  whom  he  may  answer  the  Plaintiff's 
bill,  and  defend  this  suit,  and  that  such  guardian,  so  to  be  chosen,  stand 
assigned  by  the  court ;  and  that  the  said  commissioners  may  take  and 
return  the  said  Defendant  the  infant's  answer,  and  also  the  answer  of 
the  other  Defendants  to  the  Plaintiff's  bill  by  such  commission,  and 
may  have  time  to  take  and  return  the  same,  which  is  ordered  accord- 
ingly- 


Order  for  Commission  to  examine  in  Term-time. 

Upon  motion,  &c.  that  a  commission  hath  issued  for  the  examination 
of  witnesses  in  this  cause ;  and  therefore  it  was  prayed,  that  may 

be  at  liberty  to  execute  the  said  commission  in  term-time,   which  is 
ordered  accordingly. 


Order  for  Commission  to  examine  Witnesses. 
Upon  motion,  &c.  that         has  several  material  witnesses  to  examine, 
who  live  in  the  country,  and  therefore  it  was  prayed   that  may 

have  a  commission  [for  the  examination  of  witnesses,  and  that  the  De- 
fendant's clerk  in  court,  in  days  after  notice  hereof,  join  and  strike 
commissioners'  names  with  the  PlaintifKs'  clerk  in  court,  or  in  default 


582  ORDERS. 

thereof,  that  the  Plaintift's  may  be  liberty  to  take  out  such  commissioii, 
directed  to  their  own  commissionerSj  which  is  ordered  accordingly.] 


Order  for  a  Subpoena  to  rejoin,  returnable  immediately,  and  for  a  Com- 
mission. 

Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff  has  replied  to  the 
Defendant's  answer,  and  therefore  it  was  prayed  tliat  a  subpoena  to  re- 
join may  be  awarded  against  the  said  Defendant,  returnable  immediately  ; 
and  that  service  tliereof  on  the  said  Defendant's  clerk  in  court  may  be 
deemed  good  service  on  the  said  Defendant,  and  that  the  Plaintiff's  may 
have  a  commission  (same  as  the  foregoing  between  crotchets.) 


Order  to  renew  a  Commission. 
Upon  motion,  &c.  it  was  alleged,  that  this  cause  being  at  issue,  a 
commission  issued  the  last  term  for  the  examination  of  witnesses,  but 
the  said  commission  was  not  executed,  and  it  being  the  Plaintiff's  own 
delay,  it  was  therefore  prayed  that  the  Plaintiff  may  be  at  liberty  to 
renew  the  said  commission  for  the  examination  of  witnesses,  directed  to 
the  former  commissioners,  which  is  ordered  accordingly. 


Order  to  appoint  a  Guardian  in  Court. 
The  Defendant  the  infant,  this  day  personally  aj)peared  before 

the  Right  Hon.  and  prayed  that        may  be  assigned  his  guardian, 

by  whom  he  may  answer  the  Plaintiff's  bill,  and  defend  this  suit,  which 
is  ordered  accordingly. 

Order  to  dismiss  without  Costs,  Defendant  not  having  appeared. 
Upon  motion,  &c.  that  the  Plaintiff  having  exhibited  his  bill  in  this 
(iourt  against  the  Defendant,  is  since  advised  to  proceed  no  farther 
therein ;  therefore,  and  in  regard  that  the  Defendant  had  not  appeared 
thereto,  it  was  prayed  that  the  Plaintiff's  bill  may  stand  dismissed  out 
of  this  court  without  costs,  which  is  ordered  accordingly. 


Order  to  dismiss  a  Bill  after  A7isi(}er,  Plaintiff  not  having  proceeded. 
Forasmuch,  &c.  that  the  Defendant  put  in  his  answer  to  the  Plain- 
tiff's bill,  on  the  day  of  since  which  the  Plaintiff  hath  not 
further  proceeded  in  this  cause,  as  by  tlie  six  clerks'  certificate  appears. 
It  is  therefore  ordered  that  the  Plaintiff's  bill  do  stand  dismissed  out  of 
this  court  with  costs  to  be  taxed  by  Mr.  one  of  the  masters  of 
^liis  court. 


ORDERS.  583 

Order  for  a  Commission  to  plead,  Sfc. 
Upon  motion,  &c.  per  Defendant,  it  was  alleged  that  the  Defendant 
lives  in  ,  and  is   advised  to  plead  and  demur  to  part,  at  least,  of 

Plaintiff's  bill ;  therefore,  and  in  regard  the  Defendants  are  not  in  con- 
tempt, and  have  obtained  order  for  time  to  answer,  it  was  prayed  that 
they  may  be  at  liberty  to  take  out  commission,  to  take  their  plea,  an- 
swer, or  demurrer,  to  the  Plaintiff's  bill,  and  that  the  Plaintiff's  clerk 
in  court  may,  in  two  days  after  notice  hereof,  give  the  Defendants'  clerk 
in  court,  commissioners  names  to  see  the  Defendants'  plea,  answer,  or 
demurrer  taken,  or  in  default  thereof,  that  the  said  Defendant  may  be  at 
liberty  to  take  out  such  commission  directed  to  their  own  commissioners, 
and  may  have  six  weeks  time  to  return  the  said  commission,  which  is 
ordered  accordingly,  but  the  Defendants  are  not  to  demur  alone. 


Order  to  dismiss  a  Bill  after  a  Replication. 
Forasmuch,   &c.  per   Defendant,  that  the  Plaintiff  having   exhibited 
his  bill  in   this  court  against  the  Defendants,  they  put  in  their  answer 
thereto,  and  the  Plaintiff's  replication  to  such  answer  was  filed,   the 
day   of  ,  as  by  the  six  clerks'  certificate  appears,  which 

Plaintiff  hath  not  further  proceeded  in  this  cause  against  the  Defendant 
towards  the  hearing  thereof  j  and  thereupon  it  was  prayed  that  the  Plain- 
tiff's bill  may  stand  dismissed  out  of  this  court,  with  costs,  for  want  of 
prosecution;  which,  upon  reading  an  affidavit  of  notice  of  this  motion, 
and  six  clerks'  certificate,  is  ordered  accordingly,  and  that  it  be  referred 
to  Mr,  ,  one,  &c.  to  tax  the  said  costs. 


Order  to  dis7mss  a  Bill  with  Costs  at  the  Plaintiff- s  Request. 
Upon  motion,  &c.  it  was  alleged,  that  the  Plaintiff,  having  exhibited 
his  bill  in  this  court  against  the  Defendant,  is  since  advised  to  proceed 
no  further  therein  ;  and  therefore  it  was  prayed  that  the  Plaintiff's  bill 
may  stand  dismissed  out  of  this  court,  with  costs,  which  is  ordered  ac- 
cordingly ;  and  it  is  hereby  referred  to  Mr.  ,  one,  &c.  to  tax 
the  said  costs. 

Order  to  dismiss  a  Bill  witliout  Costs  hij  Consent. 
Upon  motion,  &c.  it  was  alleged  that  the  Plaintiffs,  having  exhibited 
their  bill  in  this  court  against  the  Defendants,  the  matters  in  difference 
are  since  accommodated ;  therefore  it  was  prayed  that  the  Plaintiffs'  bill 
may  stand  dismissed  out  of  this  court,  without  costs,  which,  upon  hearing 
of  Mr.  ,  of  counsel  for  the  said  Defendants,  who  consented 

thereto,  is  ordered  accordingly. 


584  ORUERS. 

Order  for  a  general  Dismission  at  Defendant's  Request  upon  the  Hear' 
ing,  Plaintiff  having  not  come  into  Court. 
The  cause  standing  this  clay  in  the  paper  of  causes  to  be  heard,  at  the 
request  of  the  Defendant,  before  the  right  honorable  ,  in  the 

presence  of  the  Defendant's  counsel,  none  appearing  for  the  Plaintiffs  to 
open  their  bill,  although  the  Defendants  were  duly  served  with  subpoena 
to  hear  judgment,  as  by  affidavit  now  produced  and  read  app6ars;  it  is 
ordered  that  the  Plaintiffs'  bill  do,  from  henceforth,  stand  absolutely  dis- 
missed out  of  this  court,  with  costs,  to  be  taxed  by  Mr.  , 
one  of  the  masters  of  this  court. 


Order  to  answer  hy  Committee. 
Upon  motion,  &c.  that  the  Plaintiff  hath  exhibited  his  bill  in  this  court 
against  the  Defendant,  against  whom  a  commission  of  lunacy  hath  issued, 
and  hath  been  appointed  his  committee,  and  the  said  lunatic 

living  in  the  county  of  ,  it  was  prayed  that  the  said  lunatic 

may  be  at  liberty  to  put  in  his  answer  by  his  said  committee,  and  may 
have  a  commission  for  that  purpose,  which  is  ordered  accordingly. 


Order  for  Time  to  Ansiter. 

Upon  motion,  &c.  it  was  alleged  that  the  Defendants  are  preparing 
their  answer  to  the  Plaintiff's  bill,  but  cannot  perfect  the  same  in  time ; 
therefore,  and  in  regard  the  said  Defendants  are  not  in  contempt,  and 
have  had  no  order  for  time  to  answer,  it  was  pra3ed  that  the  said  De- 
fendants may  have  time  to  put  in  their  answer  to  the  Plaintiff's 
bill,  which  is  ordered  accordingly. 

N.  B.  If  the  Defendant  moves  for  time  to  plead,  answer,  or  demur, 
add,  at  the  end,  the  words  following  : — "  But  the  Defendant  is  not  to 
demur  alone." 

Order  for  Time  to  answer  Crois  Bill,  after  Answer  put  in  to  original  Bill. 
Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff,  having  exhibited 
his  bill  in  this  Court  against  the  Defendant,  he  hath  appeared  thereto, 
and  hath  since  exhibited  his  cross  bill  in  this  court  against  the  Plaintiff, 
and  is  proceeding  to  compel  the  Plaintiff  to  answer  the  same ;  it  was 
therefore  prayed  that  the  Plaintiff  may  have  time  to  put  in  his 

answer  to  the  cross  bill,  after  the  Defendant  shall  have  put  in  his  ani5wer 
to  the  original  bill,  which  is  ord'^red  accordingly. 


ORDERS.  585 

Order  for  a  general  Disinission  on  Hearing. 
This  cause  coming  on  this  present  day  to  be  heard  and  debated  before 
the  right  honorable  the  ,  in  the  presence  of  counsel  learned 

on  both  sides,  upon  debate  of  the  matter  and  hearing,  &c.  &«r-read,  and 
of  what  was  alleged  by  the  counsel  on  both  sides,  his  Lordship  doth 
order  that  the  Plaiiitiflf's  bill  do,  from  henceforth,  stand  absolutely  dis- 
missed out  of  this  Court,  with  costs,  to  be  taxed  by  Mr.  .  one 
&c. 


Order  to  dismiss  a  Bill  of  Review  on  Hearing. 
This  cause  coming  on,  &c.   and  the  pleadings  in   the  cause  being 
opened,  and  the  scope  of  the  Plaintiff's  bill  being,  that,  for  many  errors 
thereby  assigned  and  other  defaults,  appearing  in  a  decree  made  by  the 
right  honorable  the  ,  on  the  hearing  an  original  cause,  wherein 

the  Plaintiffs  Testator  was  Plaintiff,  and  the  decree  bearing  date  the 
,  which  had  been  received,  reversed,  and  amended,  and  the 
Plaintiff's  relieved,  and  was  entitled  to,  or  ought  to  have  been  ;  where- 
upon, and  upon  debate  of  the  matter,  and  hearing  of  read,  and 
of  what  was  alleged  by  the  counsel  for  ,  his  Lordship  dolh  or- 
der, that;  &c.  [the  same  as  the  foregoing.] 

Order  to  give  Security  before  obliged  to  answer. 

t/pon  motion,  &c.  per  Defendant,  it  was  alleged,  that  it  appears  by 
the   Plaintiff's  bill  that  the  Plaintiff  lives  in  ,  in  parts  beyond 

seas,  and  therefore  it  was  prayed  that  the  Plaintiff  may  procure  some 
sufficient  person  on  his  behalf  to  give  security,  according  to  the 
course  of  the  Court,  to  the  two  senior  Six  Clerks  of  this  Court,  hot  to- 
wards the  cause  in  the  bond  of  .£  ,  conditioned  to  ans\Ver  costs, 
in  case  the  Court  shall  think  tit  io  award  any,  before  the  Defendants  be 
obliged  to  put  in  their  answer  to  the  Plaintiff's  bill,  and  that  the  De- 
fendant may  have  a  fortnight's  time  to  put  in  his  answer  to  the  Plaintiff's 
bill,  after  the  Plaintiff  has  given  such  security,  which  is  ordered  ac- 
cordingly. 

N.  B.  If  the  Plaintiff  do  not  state  himself  abroad  by  his  bill,  this 
order  is  not  granted,  but  on  affidavit  of  the  Plaintiff's  being  abroad. 

Order  to  Answer  without  Oath  or  Attcstaicon  upon  Honor. 

Upon  motion,  &c.  it  was  alleged,  that  the  Plaintiffs  are  willing  id 
accept  the  answer  of  the  Defendant  ,  without  his  attestatioa, 

jjpon  honor,  and  the  answer  of  the  other  Defendaflts  without  oath  :  and 


586 


ORDERS. 


therefore  it  was  prayed  that  the  said  may  be  at  liberty  put 

in  his  answer  to  the  Plaintifl'"s  bill  without  his  attestation,  upon  honor, 
and  that  the  other  Defendants  may  be  at  liberty  to  put  in  their  an- 
swer to  the  Plaintiff's  said  bill  without  oath  ;  which  is  ordered  accord- 
ingly. 

Order  for  tihie  to  Answer  on  entering  an  Appearance. 

Upon  motion,  &c,  per  Defendant,  it  was  alleged,  that  the  said  De- 
fendant is  in  contempt  to  an  attachment  for  want  of  his  answer  to  the 
Plaintiff's  bill  but  that  he  is  preparing  his  answer,  and  therefore  it  was 
prayed  that  he  may  have  a  week's  time  to  put  in  his  answer  ;  where- 
upon it  is  ordered,  upon  the  Defendant's  entering  with  the  register,  by 
his  clerk  in  two  days,  and  consenting  that  the  serjeant  at  arms,  attend- 
ing this  Court  shall  go  against  him,  as  in  the  case  of  a  commission  of  re- 
bellion, returned  non  est  inventus,  in  case  he  shall  not  put  in  his  answer 
to  the  Plaintiff's  bill  by  the  time,  hereinafter  mentioned,  that  the  said 
Defendant  have  time  to  put  in  his  answer  to  the  Plaintiff's  bill. 

N.  B.  If  a  corporation,  it  must  be  "that  a  sequestration  shall  issue," 
instead  of  a  "  serjeant  at  arms." 


Order  to  ansiccr  separate,  and  Com7nissio7i  abroad  to  assign  Guardian. 
Upon  motion,  &c.  that  the  matters  in  difference  in  this  cause  arise  in 
right  of  the  said  ,  the  wife  of  the  said  ,  and  she 

residing  at  present  in  the  kingdom  of  ,  is  advised  to  answer  sepa- 

rate from  the  said  ,  her  husband,  and  being  an  infant,  and  not 

having  obtained  any  order  for  time,  and  not  being  in  contempt,  it  was 
therefore  prayed  tliat  the  said  Defendant  may  be  at  liberty  to  put 

in  her  answer  to  the  Plaintiff's  bill  separate  from  her  said  husband,  and 
that  a  commission  may  issue  directed  to  the  kingdom  of  ,  &c. 

Ordir  to  Ansiccr  separate. 
Upon  motion,  &c.  per  Defendant,  it  was  alleged,  that  the  Plaintiffs 
have  exhibited  their  bill  in  this  Court  against  the  Defendants,  and  she 
and  the  Defendant  her  husband  have  lived  separate  some  years  ;  and 
therefore  it  was  prayed  that  the  said  Defendant  may  be  at  liberty  to  put 
in  her  answer  to  the  Plaintiff's  bill  separate  from  her  husband,  which  i.« 
ordered  accordingly. 


ORDERS. 


587 


Order  to  refer  Defendant's  Answer  to  the  Plaintiff  ^s  Bill  to  the  Master 
for  Impertinence  and  Scandal. 
Forasmuch,  &c.  per  Plaintiff,  that  the  Plaintiff,  upon  perusal  of  De- 
fendant's answer  to  the  Plaintiff's  bill,  is  advised  the  same  is  scandalous 
and  impertinent ;  it  is  thereupon  ordered  that  it  may  be  referred  to 
Mr.  ,  one,  &c.  to  look  into  the  Plaintiff's  bill  and  the  said  De- 

fendant's  answer,  and  certify  whether  the  same  be  scandalous  and  im- 
pertinent or  not. 

Order  to  refer  a  Bill  for  Scandal  and  Impertinence. 
Forasmuch,  &c.  per  Defendant,  that  the  Defendant,  upon  the  perusal  ol 
the  Plaintiff's  bill,  is  advised  that  the  same  is  scandalous  and  impertinent; 
it  is  thereupon  ordered,  that  it  be  referred  to  Mr.  ,  one,  &c.  to 

look  into  the  Plaintiff's  bill,  and  certify  whether  the  same  be  scandalous 
and  impertinent  or  not. 


Order  to  expunge  the  Impertinence  of  the  Plaintiff's  Bill  and  to  tax  Costs 

on   Motion. 

Whereas  by  an  order,  dated,  &c.  suggesting  (insert  the  order  of  re- 
ference to  the  master,)  upon  motion,  &c.  per  Defendant,  it  was  alleged 
that  the  said  master,  in  pursuance  of  the  said  order  of  the  , 

made  his  report,  and  certified  the  Plaintiff's  bill  to  be  impertinent  in  the 
particulars  therein  mentioned ;  it  was  therefore  prayed,  that  it  may  be 
referred  back  to  the  said  master  to  expunge  the  impertinence  of  the  Plain- 
tiff's bill,  and  to  tax  the  Defendant  his  costs  in  respect  thereof,  which  is 
ordered  accordingly. 


To  accept  Bill  paying  Costs  out  of  Purse. 
Upon  opening,  &c.  it  was  alleged,  that  the  Plaintiff  being  advised  to 
exhibit  his  bill  in  this  Court,  against  the  Defendant,  to  be  relieved  touch- 
ing several  matters  and  among  other  things,  to  obtain  an  injunction  to  stay 
the  Defendant's  proceedings  served  the  Defendant  with  a  subpoena  to 
appear  to  and  answer  the  same,  and  the  Defendant  appeared  accord- 
ingly, (and  the  bill  not  being  filed  in  time)  preferred  costs  for  want 
thereof;  that  the  Plaintiff  hath  since  filed  his  bill,  but  the  Defendant's 
clerk  in  Court  refuses  to  accept  the  same,  and  therefore  it  was  prayed 
that  the  Defendant's  clerk  in  Court  may  accept  the  Plaintiff's  bill,  on 
payment  of  the  Defendant's  co<ts,  out  of  purse,  which  is  ordered  accord- 
ingly. 


588  ORDERS. 

Order  for  Commitment  to  Prison  of  the  Fleet,  the  fourth  Ans-wer  being 
reported  insufficient. 

Forasmuch,  &c.  per  Plaintiff,  that  the  foiirtli  Answer  of  the  said 
Defendants  to  the  Plaintifl''s  bill  hath  been  reported  insufficient  by 
Mr.  ,  one.  &c.  by  his  report  of  the  ,  it  is  thereupon 

ordered  that  the  said  Defendant  be  examined  upon  interrogatories, 
before  the  said  master,  to  the  points  wherein  his  said  answer  is  reported 
insufficient,  and  that  he  do  stand  committed  to  the  prison  of  the  Fleet 
until  he  shall  fully  answer  the  Plainti(i''s  bill,  and  this  Comt  make  other 
order  to  the  contrary,  and  the  Plaintiff  is  to  exhibit  interrogatories  be 
fore  the  said  master  for  the  purpose. 


Order  to  Examine  a  Defendant. 

Upon  motion  it  was  alleged,  that  the  Defendant  is  a  material  witness 
for  the  Plaintiff,  and  no  ways  concerned  in  point  of  interest  in  the  mat- 
ters in  question  in  this  cause,  and  therefore  it  was  prayed  that  the  Plain- 
tiff may  be  at  liberty  to  examine  the  said  Defendant  as  a  witness  for  him 
in  this  cause,  saving  all  just  exceptions  j  which  is  ordered  accordingly,  of 
which  notice  is  to  be  given  forthwith. 


Order  to  Examine  Witnesses  de  bene  esse. 

Upon  motion,  &c.  it  was  alleged  that  are  material  witnesses 

for  the  in  this  cause.     That  it  appears  by  the  affidavit  of 

that,  &c.  (state  affidavit)  that  be  at  liberty  to  examine  the  said 

as  witnesses  for  him  in  this  cause,  de  bene  esse. 

N.  B.  The  witnesses'  names  and  ages  must  be  specified  in  the  order  as 
you  find  them  in  the  affidavit. 

N.  B.  The  depositions  of  witnesses  examined  de  bene  esse,  cannot  be 
published  without  an  affidavit  that  they  are  dead,  abroad,  or  not  able  to 
travel,  unless  they  have  been  examined  in  chief,  then  they  are  published 
in  the  usual  way. 


Order  to  enlarge  Publication. 

Upon  motion,  &c.  it  was  alleged  that  publication  in  this  cause  is  to 
pass  by  .     That  the  several  material  witnesses  to  whom 

he  hath  not  been  able  to  get  examined  by  the  time  limited  by  the  rules  of 
the  Court  (or)  by  the  said  order.  And  therefore  it  was  prayed  that  pub* 
lication  in  this  cause  may  be  enlarged  in  this  cause  until  ,  which 

is  ordered  accordingly, 


ORDERS.  589 

N.  B.  If  the  Defendant  moves,  and  the  cause  is  not  set  down,  add  the 
following  words  at  the  end — "  But  this  is  not  to  hinder  the  Plaintift" 
setting  down  the  cause  in  the  mean  time.'"' 


Order' to  pass  Publication. 
Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  having  put  in 
his  answer  to  the  Plaintiff's  bill,  the  Plaintift'  has  replied  thereto,  and 
witnesses  have  been  examined,  and  therefore  it  was  prayed  that  publica- 
tion in  this  cause  may  Ibrthwith  pass,  which  upon  reading,  &c.  is  ordered 
accordingly. 

Order  to  enlarge  Publication  when  it  has  passed. 

Upon  motion,  &c.  it  was  alleged,  that  publication  by  past 

before  the  could  procure  all  his  witnesses  to  be  examined. 

Therefore,  and  in  regard  the  has  several  material  witnesses  to  ex- 

amine, as  by  affidavit  appears.     And  inasmuch  as  the  his  clerk  in 

Court  and  solicitor  have  made  the  usual  affidavits,  that  they  have  not  seen, 
heard,  read,  or  been  informed  of  the  depositions  already  taken  in  this 
cause  until  publication  shall  hereafter  pass.  It  was  therefore  prayed  that 
publication  in  this  cause  may  be  enlarged  until  ,  which  upon 

hearing,  &;c.  read,  is  ordered  accordingly. 


Order  to  use  Depositions. 

Upon  motion,  &c.  it  was  alleged,  that  these  are  cross  causes,  touching 
the  several  matters,  and  the  are  advised  that  the  depositions  taken  ia 
one  cause  will  be  useful  in  the  other,  and  therefore  it  was  prayed  that  the 
depositions  taken  in  either  of  these  causes  may  be  read  and  made  use  of 
in  the  other  at  the  hearing  of  these  causes,  which  is  ordered  accordingly, 
saving  all  just  exceptions. 


Order  to  confirm  a    Report  upon   Commissioner- s   Certijicate,  or  as  to 

Purchaser. 

Upon  motion,  &c.  And  upon  producing*  a  report  made  in  this  cause 
by  Mr.  one  of  the  masters  of  this  Court,  dated  .t     It  jg 

ordered  that  the  said  report,  and  all  the  matters  and  things  therein  con- 
tained, do  stand  ratified  and  confirmed  by  the  order,  authority,  and  decree 
of  this  Court,  to  be  observed  and  performed  by  all  parties  thereto  ac- 
cording to  the  tenor  and  true  meaning  thereof,!  i:nlessjj  the  having 
notice  hereof,  shall,  within  eight  days  after  such  notice,  shew  unto  this 
Court  good  cause  to  the  contrary. 


590  ORDERS. 

*  A  certificate  dated  the  made  by  commissioners  named  in  a 

commission  issued  out  of  this  Court  for  dividing  the  estate  in  question  in 
this  cause, 

N.  B.  The  certificate  must  be  filed  in  the  Six  Clerks'  Office. 

t  If  upon  a  purchase,  introduce  the  following  words  : — "  Whereby 
"  Mr.  is  reported  the  best  purchaser  of  the  estate  therein 

"  mentioned,  at  the  sum  of  £  ,"  it  is  ordered,  &:c. 

I  If  the  parties  are  many  in  number,  15  at  least,  and  live  remote,  say, 
"  unless  the  parties  concerned,  who  are  many  in  number,  and  live 
"  remote  from  each  other,  their  respective  clerks  in  Court  having  notice 
"  hereof,  &c. 

II  If  the  bill  has  been  decreed  to  be  taken  pro  confesso  against  the  De- 
fendants instead  of  unless,  &c.  add  the  following  words  : — "  The  Plain- 
"  tiflT's  bill  having  been  decreed  to  be  taken  pro  confesso  against  the  De- 
"  fendants  for  want  of  their  appearance,  pursuant  to  the  act  of  par- 
''  liament,  for  making  process  in  Courts  of  Equity  effectual  against  per- 
''  sons  who  abscond  and  cannot  be  served  therewith,  or  who  refuse  to 
"  appear." 


Order  to  confirm  Report  hy  Consent  of  some  Defendants,  and  nisi  as  to, 

others. 
Upon,  &c.  (^0  to  the  words  "  unless,"  as  in  the  foregoing  order,  and 
then  say)  Mr.  of  counsel  for  the  Defendants  consenting 

thereto,  and  unless  the  Defendants  having  notice  hereof. 


Order  to  aonfirm  a  Report  absolute . 
Whereas  by  an  order  made  in  this  cause,  the  day  of  ,  it 

was  ordered  that  (order  7iisi)  now  upon,  &c.  It  was  alleged  that  due 
notice  hath  been  given  of  the  said  order  to  as  by  affidavit  appears, 

and  that  no  cause  is  shewn  to  the  contrary  thereof,  as  by  the  register's 
certificate  also  appears.  And  therefore  it  was  prayed  that  the  said  order 
may  be  made  absolute,  which  is  ordered  accordingly. 


Admittance  of  a  Defendmit  in  forma  pauperis. 
The  Defendant  in  respect  of  his  poverty,  whereof  affidavit  is  made, 
is  this  day  admitted  by  to  defend  this  suit  in  forma  pauperis, 

and  is  hereby  assigned  for  his  counsel,  and  for  his  six  clerk. 

Admittance  of  Plaintiff  in  forma  pauperis. 
The  Plaintiff  in  respect  of  his  poverty,  whereof  affidavit  is  made,  is  this 
day  admitted  by  the  right  hon.  to  prosecute  this  suit  in 


ORDERS.  591 

forma  pauperis,  and  who  hath  signed  the  Plamtiff 's  petition, 

signifying  his  just  cause  of  suit,  is  hereby  assigned  for  his  counsel,  and 
for  his  six  clerk. 


Order  to  serve  an  Attorney  at  haw. 

Upon  motion,  &c.  it  was  alleged  that  the  Defendant  prosecutes  the 
Plaintiff  at  law,  and  cannot  be  found  to  be  served  with  a  suhpana,  as  by 
affidavit  appears,  and  therefore  it  was  prayed,  that  service  of  a  suhpcena 
to  appear  to  and  answer  the  Plaintiff's  bill  upon  the  Defendant's  attorney 
at  law,  be  deemed  good  service  on  the  Defendant  to  compel  him  to  ap- 
pear to  and  answer  the  Plaintiff's  bill,  which  upon  hearing  the  said  affi- 
davit read  is  ordered  accordingly. 


Order  for  an  Election  either  to  proceed  at  Law  or  Equity. 

Forasmuch,  &c.  that  the  Plaintiff  prosecute  the  Defendant  both  at 
law  and  in  this  Court  for  one  and  the  same  matter,  whereby  he  is  doubly 
vexed.  It  is  thereupon  ordered  that  the  Plaintiff,  his  clerk  in  Court,  and 
attorney  at  law  having  notice  hereof,  do,  within  eight  days  after  such 
notice,  make  his  election  in  which  Court  he  will  proceed,  and  if  the  Plain- 
tiff shall  elect  to  proceed  in  this  Court,  then  the  Plaintiff's  proceedings 
are  hereby  stayed  by  injunction,  but  in  default  of  such  election  by  the 
time  aforesaid,  or  if  the  Plaintiff  shall  elect  to  proceed  at  law,  then  the 
Plaintiff's  bill  is  from  thenceforth  to  stand  dismissed  out  of  this  Court, 
with  costs,  to  be  taxed  by  Mr.  one,  &c. 

N.  B.  The  Defendant  cannot  regularly  apply  for  this  order  until  he  has 
answered.  The  Plaintiff  cannot  make  a  special  election  without  leave  of 
the  Court.     Election  must  be  filed  in  the  report  office. 


Order  to  enter  Order  nunc  pro  tunc. 

Upon  motion,  &c.  it  was  alleged,  that  the  order  made  in  this  cause, 
ifae  day  of  was  drawn  up,  but  by  mistake  was  omitted 

to  be  entered,  and  therefore  it  was  prayed  that  the  said  order  may  be 
entered  nunc  pro  tunc,  which  is  ordered  accordingly. 


Order  to  revive  proceedings. 

Upon    motion,   &c.    it  was  alleged  that   {state  bill  of  revivor)    the 
suit  being  abated  by  the  death  of  the  said  the  Plaintiff  hath  since 

exhibited  his  bill  of  revivor  in  this  Court  against  the  Defendant  to  which 
He  hath  appeared,  hut  his  time  fw  answering  is  expired.    And  therefore 


692  ORDERS* 

it  was  prayed  that  the  said  suit  and  proceedings  may  stand  revived,  and 
be  in  the  same  plight  and  condition  as  they  were  in  at  the  time  of  the 
death  of  the  said  which  is  ordered  accordingly. 

N.  B.  If  the  Defendant  submits,  say,  instead  of  words  in  italics,  "and 
put  in  his  answer,  and  thereby  submits  the  suit  may  be  revived." 


Order  to  refer  second  Answer. 
Upon  motion,  &c.  it  was  alleged  that  the  Defendant  having  put  in  an 
insufficient  answer  to  the  Plaintiff's  bill,  and  the  Plaintiff  having  taken 
exceptions  thereto,  and  the  same  being  referred  to  Mr.  one,  &c. 

the  said  master  reported  the  same  insufficient,  since  which  the  Defendant 
hath  put  in  a  second  answer,  which  the  Plaintiff  is  advised  is  likewise 
insufficient.  It  is  therefore  ordered  that  it  be  referred  to  the  said 
master  to  look  into  the  said  bill,  answers,  and  exceptions,  and  certify 
whether  the  Defendant's  second  answer  be  sufficient  or  not. 


Order  to  refer  second  Answer  on  Suhmission. 
Forasmuch,  &c.  that  the  Plaintiff  having  taken  exceptions  to  the  insuf- 
iicienc>  of  the  Defendant's  answer,  the  Defendant  submitted  and  hath 
since  put  in  a  second  answer  which  the  Plaintiff  is  advised  is  likewise  in- 
sufficient. It  is  thereupon  ordered  that  it  be  referred  to  Mr.  one, 
&c.  to  look  into  the  Plaintiff's  bill,  the  Defendant's  second  answer,  and 
the  Plaintiff's  exceptions,  and  certify  whether  the  Defendant's  second 
answer  be  sufficient  or  not. 


Order  for  liberty   to  exliihii  Interrogatories  us    to   the   Credit  of  a 

Witness. 
Upon  motion,  &c.  it  was  alleged,  that  the  Plaintiffs  have  examined 
A.  B.  as  a  witness  for  them  in  this  cause,  who  is  a  person  of  ill  fame,  and 
the  Defendant  hath  exhibited  articles  in  the  examiner's  office,  touching 
the  credit  of  the  said  A.  B.  as  by  certificate  appears.  It  was  therefore 
prayed  that  the  Defendant  may  be  at  liberty  to  exhibit  interrogatories  for 
the  examination  of  witnesses  to  the  credit  of  the  said  A.  B.  which  is 
ordered  accordingly. 


Order  for  a  Serjeant  at  Arms. 
Whereas  the  Defendant  sits  out  all  process  of  contempt  to  a  commis- 
sion of  rebellion,  for  not  answering  the  Plaintiff's  bill,  and  doth  s© 
abscond  himself  that  he  cannot  be  found  to  be  apprehended,  as  by  the 
return  of  the  said  commission  of  rebellion  now  produced  appears.  It 
is,  on  the  motion  of  ,  of  counsel  for  the  Plaintiff,  ordered  that  the 


ORDERS.  595 

Serjeant  at  arms  attending  this  Court  do  apprehend  the  Defendant,  and 
bring  him  to  the  bar  of  this  Court,  to  answer  his  said  contempt.  Where-^ 
upon  such  further  order  shall  be  made  as  shall  be  just. 


Xyrder  for  Serjedrit  at  Arms  for  want  of  Examination,  unless  Defendant 
jnffs  it  in  in  four  Days. 

Forasmuch,  &c.  that  by  the  decree  made  on  the  hearing  of  this  cause^ 
all  parties  were  to  be  examined  on  interrogatories  before  Mr.  ,  one,  &c. 
touching  the  matters  in  question.  That  it  appears  by  the  said  master's 
certificate,  dated  the  day  of,  that  (state  certifcate.)  It  is  there- 
fore ordered  that  the  Defendant  do  in  four  days  after  personal  notice 
hereof  to  his  clerk  in  Court,  put  in  his  examination  to  the  Plaintifi''s  in* 
terrogatories,  or  in  default  tliereot",  that  the  serjeant  at  arms  attending 
this  Court,  do  apprehend  the  Defendant  and  bring  him  to  the  bar  of  this 
Court,  to  answer  his  contempt,  whereupon  such  further  order  shall  be 
made  as  shall  be  just. 


Order  for  Serjeant  at  Arms  for  loant  of  further  Examination^ 

Upon  motion,  &c.  it  was  alleged  that  by  an  order  of  the  it 

was  referred  to  Mr.  one,  &c.  to  examine  and  certify  whether  the 

Defendant's  exception  put  in  to  interrogatories  exhibited  by  the  Plaintifl' 
pursuant  to  the  decree  in  this  cause  was  sufficient  or  not.  Tiiat  the  .sjtid 
master  by  his  report  of  the  certified  the  Defendant's  said  examina" 

tion  to  be  insufficient,  since  which  the  Defendant  hath  not  put  in  any 
further  examination,  and  tlierefore  it  war,  prayed  that  the  Defendant  may 
in  four  days  after  notice  hereof  to  his  clerk  in  Court,  put  in  his  further 
examination  to  the  said  interrogatories,  or  in  default  thereof,  that  the 
serjeatit  at  arms  attending  this  Court,  may  apprehend  the  Defendant  and 
bring  him  to  the  bar  of  this  Court  to  answer  his  contempt,  which  is 
ordered  accordingly,  and  thereupon  such  further  order  shall  be  made  as 
shall  be  just. 


Order  to  produce  Boohs  in  four  Days,  or  a  Serjeant  at  Arm$. 

Upon  opening,  &c.  it  was  alleged,  that  by  the  decree  made  on  tlie 
hearing  of  this  cause,  the  parties  were  to  produce  upon  oath,  before 
Mr.  ,  one.  &c.  all  books,  papers,  and  writings,  in  their  cus- 

tody or  power,  relating  to  the  matters  in  question  j  thpt  it  appears  by  the 
said  master's  certificate,  dated,  tS:c.  that,  &c.  and  therefore  it  was 
prayed  that  the  Defendant  may,  in  four  days  after  personal  notice  here6i 
fo  hi'5  rlerk   in  Court,  produce  before  the  said  master,  upori  dath_4  iku 

7G 


694*  OKDEUS. 

books,  pa|jer&,  and  wriliiigs,  in   his  custody  or  power,  pursuant  to  the 
said  decree,  or  iu  default  lUereol,  that  the  Serjeant  at  arms,  &c. 


Order  for  a  Serjeant  at  Arms  on  the  Eetiirn  of  a  Messenger. 
Forasmuch,  Sec.  that  the  Defendant,  sitting  an  attachment  in  contempt 
for  want  of  his  answer  to  the  Plaintiff's  bill,  and  being  arrested,  and  a 
cepi  corpus  returned  thereon,  the  messenger  of  this  Court  was,  by  order 
of  ,  directed  to  take  the  Defendant  in  his  custody,  and  bring 

him  to  the  bar  of  this  Court  to  answer  his  said  contempt,  but  the  De- 
fendant doth  now  so  abscond  and  secrete  himself  that  he  cannot  be 
found  notwithstanding  diligent  search  and  inquiry  halh  been  made  after 
hira  by  the  messenger,  as  by  the  messenger's  return  appears.  And  the 
Defendant  still  persisting  in  his  contempt,  and  inasmuch  as  by  the  rules 
of  this  Court,  a  sequestration  cannot  issue  on  any  process  returned  non 
est  inventus,  but  on  the  return  of  the  serjeant  at  arms  attending  this 
Court,  it  is  ordered  that  the  serjeant  at  arms,  &c. 


Order  fcr  a  Sequestration  against  a  Member  of  Farliamcnt. 

Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  who  is  a  *  mem- 
ber of  parliament,  hath  been  served  with  a  copy  of  the  Plaintifl's  bill, 
and  a  svhpa:.na  to  appear  to  and  answer  the  same,  to  which  he  hath  ap- 
peared accordingly,  but  hath  not  put  in  his  answer  thereto,  though  his 
time  for  so  doing  is  expired.  It  is  thereupon  ordered,  that  a  commission 
of  sequestration  do  issue,  directed  to  certain  commissioners  to  be  therein 
named,  to  sequester  the  Defendant's  personal  estate,  and  the  rents,  issues, 
and  profits  of  his  real  estate,  until  the  Defendant  shall  fully  answer  the 
Plaintifi's  bill  and  this  Court  make  other  order  to  the  contrary,  unless  the 
Defendant  having  personal  notice  hereof,  shall  within  eiglu  days  after 
such  notice,  shew  unto  this  Court  good  cause  to  the  contrary. 

*  N.  B.  If  the  Defendant  be  a  peer,  say  : — "  Wiio  is  a  peer  of  this 
"  realm,  hath  been  served  with  a  copy  of  the  Plaintift''s  bill,  the  letter 
"  of  the  Right  Honorable  the  Lord  High  Chancellor  of  Great  Britain,  and 
"  a  subpana  to  appear."  &c. 


Order  for  a  Sequestration,  on  return  of  Serjeant  at  Arms. 

Whereas  the   Defendant  sits  out  all  process  of  contempt  to  a  ser- 
jeant at  arms,  for  not  answering  the  FlaintiH^'s  bill,  and  doth  so  abscond 
himself,  that  he  cannot  be  found  to  be  apprehended,   as  by  the  return 
of  the  s«rjeant  at  arms  now  produced  a|)pears,  it  is  on  the  motion  ol 
Mr.  of  counsel  for  the  Plaintiff,  ordered  that  a  commission  of 

sequestration  do  issue,  directed  to  certain  commissioners,  to  be  therein 


ORDERS.  595 

named  to  sequester  the  Defendant's  personal  esfatc,  antl  the  rents  and 
profits  of  his  real  estate,  until  the  Defendant  shall  answer  the  Plaintift^'s 
bill,  clear  his  contempt  and  this  Court  deth  make  other  order  to  the 
contrary. 


Order  for  a  Distringas. 
Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  hath  appeared 
to  the  Plaintift''s  bill,  and  is  in  contempt  for  want  of  his  answer,  and 
therefore  it  was  prayed  that  a  distringas  may  issue  against  the  Defendant, 
returnable  immediately,  to  compel  him  to  put  in  his  answer  to  the 
Plaintiff's  bill,  which  is  ordered  accordingly. 


Order  for  an  Alias  Distringas. 
Upon  motion,  &c.  that  pursuant  to  an  order,  dated,  &c.  a  distringas- 
was  issued  against  the  Defendant  for  his  contempt  in  not  answering  the 
Plaintiff's  bill ;  that  the  Defendant  still  persists  in  his  contempt,  and 
therefore  it  was  prayed  that  an  alias  distringas  may  issue  against  the  De- 
fendant for  his  contempt,  in  not  answering  the  Plaintiff's  bill,  which  is 
ordered  accordingly. 


Order  fcyr  Pluries  Distringas. 
Upon  motion,  &c.  that  pursuant  to  an  order,  dated.  Sec.  an  alias  dis- 
tringas issued  against  the  Defendant  for  want  of  his  answer  to  the  Plain- 
tiff's  bill  and    he  still  persists  in  his   contempt,   and  therefore  it  was 
prayed  that  a.  pluries  distringas  may  issue,  &c. 

Order  for  a  Distringas  against  a  Body  Corporate. 
Upon  motion,  8:c.  it  was  alleged,  that  the  Defendants  have  ap- 
peared to  the  Plaintiff's  bill,  and  are  in  contempt  for  want  of  answer,  and 
therefore  it  was  prayed  that  a  distringas  may  issue  against  the  Defen- 
dants, returnable  immediately,  to  compel  them  to  put  in  their  answer  to 
the  Plaintiff's  bill  which  is  ordered  accordingl}'. 


Order  for  a  Sequestration,  on  Distringas,  et  Alias,  et  Pluries  Distrin<*as. 
Upon  motion,  &c.  it  was  alleged,  that  a  distringas  et  alias,  ct  j)iuries 
distringas  being  awarded  against  the  Defendants,  for  want  of  their  answers 
to  the  Plaintiff's  bill,  the  same  are  returned,  and  the  Defendants  still 
persist  in  their  contempt:  it  is  thereupon  ordered,  that  a  commission 
of  sequestration  do  issue,  dipe'Cted  to  certain  commissioners,  to  be  there- 
in named,  to  sequester  the  Defendants'  personal  estates,  and  the  rents  and 


596 


ORDERS. 


profits  of  their  real  estates,  until  the  Defendants  shall  answer  the  Plain- 
tifl''s  bill,  clear  their  contempt,  and  this  Court  make  other  order  to  the 
contrary. 

Order  for  Sequestration  against  Defendant  in  Pi'ison,  for  ISou-paymenf 
of  Money,  pursuant  to  Decree. 
Upon  motion,  &c.  it  was  alleged  that  an   attachment  having  been 
made  out  against  the  Defendant  for  breach  of  execution  of  orders,  and 
a  report  in  not  paying  to  the  Plaintiff,   directed  by  the  sheriffs  of  L. 

It  appears,  by  the  return  of  the  sherifl's,  that  the  Defendant  is  a  prisoner 
in  the  Fleet.  It  is  thereupon  ordered,  that  a  commission  of  secjuestra- 
tion  do  issue,  directed  to  certain  conimissioners  to  be  therein  named,  to 
sequester  the  Defendant's  personal  estate,  and  the  rents  and  profits  of 
his  real  estate,  until  the  Defendant  shall  pay  the  said  sum  of  ,  clear 

his  contempt,  and  this  Court  make  other  order  to  the  contrary.* 

*  The  Defendant  must  be  a  prisoner  in  the  Ficct  before  a  sequestra- 
tion can  issue. 

Order    to    confnn    Judgment   on  a    IVrit  of    Error,    notwithstanding 

Injunction. 
Upon  motion,  &c.  it  was  alleged,  that  the  Defendant,  having  obtained 
judgment  at  law  against  the  Plaintiff,  brought  a  writ  of  error,  which  is 
still  depending,  and  hath  exhibited  his  bill  in  this  Court,  and  obtained  an 
injunction  for  stay  of  the  Defendant's  proceedings  at  law ;  it  was  therefore 
prayed  that  the  Defendant  may,  notwithstanding  the  said  injunction,  pro- 
ceed at  law  to  affirm  his  said  judgment  on  the  said  writ  of  error,  which 
is  ordered  accordingly. 

Order  for  a  Snhpuina  Scire  Facias. 
Upon  motion,  &:c.  it  was  alleged,  that  this  cause  was  heard  on  the 
,  and  the  decree  then  made  therein  hath  been  since  signed  and  in- 
rolled,  since  which  the  Plaintiff  is  dead,  having  made  his  will,  and  thereof 
appointed  A.  C  executor,  who  hath  proved  the  same;  and  therefore  it  was 
prayed  that  a  suhpcena  may  be  awarded  against  the  said  A.  13.,  in  the  nature 
of  a  subpwna  scire  facias,  for  the  said  A.  U.,  at  the  return  thereof,  to  shew 
cause  why  he  should  not  perform  the  said  decree,  as  the  said  Plaintiff 
should  have  done,  if  he  had  been  living,  which  is  ordered  accordingly. 

Order  to  revive  by  Suhpvena  Scire  Facias. 
Whereas  by  an  order  of  the  suggesting,  o^,  (^statc  order.)     Now  upon 
Tnotion,  &c.  it  was  alleged,  that  the  said  ,  having  been  served  with 


ORDERS.  597 

xlie  said  swi/jcprta,  appeared  thereto,  and  the  return  of  the  said  subpa'jm 
being  out,  and  the  said  having  shewn  no  cause  why  the  said  proceed- 
ings should  not  be  revived,  and  the  said  decree  performed  it  was  there- 
fore prayed  that  the  said  suit  and  proceedings  may  stand  revived,  and  be 
in  the  same  plight  and  condition  as  they  were  in  at  the  time  of  the  death 
t>f  Plaintiff,  which  is  ordered  accordingly. 


Order  for  Senior  Six  Clerk  to  be  assigtied  as  Guardian  to  Infant,  after 
brought  into  Court  by  Messenger. 
Whereas,  by  an  order,  dated,  &c.  {iiext  folloiving.')  And  whereas  the 
infant  was  this  day  brought  to  the  bar  of  this  court,  by  the  messenger, 
pursuant  to  the  said  ordei",  it  is,  on  the  motion,  &c.  ordered,  that  the 
senior  six  clerk,  not  towards  the  cause,  be  guardian  to  the  Defendant, 
the  infant,  by  whom  he  may  answer  the  Plaintifr's  bill,  and  defend  this 
suit. 


Order  for  a  Messenger  to  bring  an  Infant  into   Court  to  have  a 

Guardian. 

Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  is  in  contempt 
for  not  appearing  to  and  answering  the  Plaintifl''s  bill,  and  is  an  infant, 
and  therefore  it  was  prayed  that  the  messenger  attending  this  court  may 
take  the  said  infant,  and  bring  him  into  this  court,  to  have  a  guardian 
assigned  him,  by  whom  he  may  answer  the  Plaintiff's  bill,  and  defend 
this  suit,  which  is  ordered  accorc!ingly. 


Order  xohen  the  Court  appoints  the  Defendant  a  Cleric  in   Court,  to  op- 
pear  pursuant  to  the  Act. 

Forasmuch  as  the  Defendant  was  this  day  brought  to  t!ie  bar  of  this 
court,  by  virtue  of  a  writ  o{  habeas  corpus,  directed  to  tlie  warden  of  the 
Fleet,  to  answer  his  contempt,  in  not  appearing  to  the  Plaintiff's  bill, 
and  now  refusing  or  neglecting  to  enter  his  appearance,  or  to  appoint  a 
clerk  in  court  to  act  on  his  behalf,  and  Mr.  ,  of  counsel  for  the  Plain- 

tiff, now  moving  that  the  court  would,  pursuant  to  the  late  act  of  par- 
liament in  that  case  made  and  provided,  appoint  one  of  the  sworn  clerks 
of  this  court  to  enter  an  appearance  for  the  Defendant,  in  order  that 
the  Plaintiff  may  proceed  in  his  cause  as  if  the  Defendant  had  actually 
appeared;  and  the  court  now  appointing  A.  B.  one  of  the  sworn  clerks 
of  this  court,  to  enter  an  appearance  for  the  Defendant  to  the  Plaintifl''s 
bill,  it  is  ordered,  that  the  Defendant,  upon  paying  the  Plaintiff  his  costs 
of  this  contem]:)t,  and  the  warden  of  the  Fleet  his  fees,  be  discharged  out 
of  the  custody  of  tlie  garden  Qf  the  Fleet,  upon  the  said  contempt. 


596  ORDERS. 

profits  oftlicir  real  estates,  until  the  Defendants  shnll  answer  the  Plain- 
tift"s  bill,  clear  their  contempt,  and  this  Court  make  other  order  to  the 
contrary. 

Order  for  Sequestration  ((s:(uniit  Defendant  in  Pnson,  for  Nou-pai/menf 
of  Money,  pursuant  to  Decree. 
V[iOV\  motion,  Sec.  it  was  alleged  that  an   attachment  having  been 
made  out  against  the  Defendant  for  breach  of  execution  of  orders,  and 
a  report  in  not  paying  to  the  Plaintiff,  directed  by  the  sheriffs  of  L. 

It  appears,  by  the  return  of  the  sheriffs,  that  the  Defendant  is  a  prisoner 
in  the  i-^leet.  It  is  thereupon  ordeied,  that  a  commission  of  sequestra- 
tion do  issue,  directed  to  certain  commissioners  to  be  therein  named,  to 
sequester  the  Defendant's  personal  estate,  and  the  rruls  and  profits  of 
his  real  estate,  until  the  Defendant  shall  pay  the  said  sum  of  ,  clear 

his  contempt,  and  this  Court  make  other  order  to  the  contrary.* 

*  The  Defendant  must  be  a  prisoner  in  the  Fleet  before  a  sequestra^ 
tion  can  issue. 

Order    to    cofrftnn    Judgment  en  a    Writ  of    Error,    notwithstanding 

Injunction. 
Upon  motion,  &c.  it  was  alleged,  thai  tlie  Defendant,  having  obtained 
judgment  at  law  against  the  Plaintiff,  bioughl  a  writ  of  error,  which  is 
still  depending,  and  hath  exhil>ited  his  bill  in  this  Court,  and  obtained  an 
injunction  for  stay  of  the  Defendant's  proceedings  at  law  ;  it  was  therefore 
prayed  that  the  Defendant  may,  nolwilhstandiug  the  said  injunction,  pro- 
ceed at  law  to  affum  his  said  judgment  on  the  said  writ  of  error,  which 
is  ordered  accordingly. 

Order  for  a  Suhpatna  Scire  Faciias. 
Upon  motion,  &;c.  it  was  alleged,  that  this  cause  was  heard  on  the 
,  and  the  decree  then  made  therein  hath  been  since  signed  and  in- 
rolled,  since  which  the  Plaintiff  is  dead,  having  made  his  will,  and  thereof 
appointed  A.  B.  executor,  who  hath  proved  the  same ;  and  therefore  it  was 
prayed  that  a  suhpa'na  may  be  awarded  against  the  said  A.  B.,  in  the  nature 
of  a  nuhpusna  scire  facias,  for  the  said  A.  B.,  at  the  return  thereof,  to  shew 
cause  why  he  should  not  perform  the  said  decree,  as  the  said  Plaintiff 
should  have  done,  if  he  had  been  living,  which  is  ordered  accordingly. 

Order  to  rcricc  bi/  Suhpuina  Scire  Facias. 
Whereas  by  an  order  of  the  suggesting,  o^,  {slate  order.)     Now  upon 
motion,  &c,  it  was  alleged,  that  thegaiU  ,  having  been  served  with 


ORDERS.  597 

ilie  said  6«&/jfl'/irt,  appeared  thereto,  and  the  return  of  the  said  siihj)a>7ia 
being  out,  and  ihe  said  having  shewn  no  cause  why  the  said  proceed- 
ings should  not  be  revived,  and  the  said  decree  performed  it  was  there- 
fore prayed  tliat  the  said  suit  and  proceedings  may  stand  revived,  and  be 
in  the  same  phght  and  condition  as  they  were  in  at  the  time  of  the  death 
pf  Plaintiff,  which  is  ordered  accordingly. 

Qrder  for  Senior  Six  ClerJ:  to  he  assigned  as  Guardian  to  Infant,  after 
brought  into  Court  by  Messenger. 
Whereas,  by  an  order,  dated,  &c.  (^ncxf  following.)  And  whereas  the 
infant  was  this  day  brought  to  the  bar  of  this  court,  by  the  messenger, 
pursuant  to  the  said  order,  it  is,  on  the  motion,  &c.  ordered,  that  the 
senior  six  clerk,  not  towards  the  cause,  be  guardian  to  the  Defendant, 
the  infant,  by  whom  he  may  answer  the  Plaintiffs  bill,  and  defend  this 
suit. 


Order  for  a  Mcssetiger  to  bring  an  Infa^it  into   Court  to  have  a 

Guardian. 

Upon  motion,  8zc.  it  was  alleged,  that  the  Defendant  is  in  contempt 
for  not  appearing  to  and  answering  the  Plaintiff's  bill,  and  is  an  infant, 
and  therefore  it  was  prayed  that  the  messenger  attending  this  court  may 
take  the  said  infant,  and  bring  him  into  this  court,  to  have  a  guardian 
assigned  him,  by  whom  he  may  answer  the  Plaintiff's  bill,  and  defend 
this  suit,  which  is  ordered  accortlingly. 


Order  ivhen  the  Court  appoints  the  Defendant  a  Clerk  in   Court,  to  op- 
pear  pursuant  to  the  Act. 

Forasmuch  as  the  Defendant  was  this  day  brought  to  the  bar  of  this 
court,  by  virtue  of  a  writ  of  habeas  corpus,  directed  to  the  warden  of  the 
Fleet,  to  answer  his  contempt,  in  not  appearing  to  the  Plaintiff's  bill, 
and  now  refusing  or  neglecting  to  enter  his  appearance,  or  to  appoint  a 
clerk  in  court  to  act  on  his  behalf,  and  Mr.  ,  of  counst^l  for  the  Plain- 
tiff, now  moving  that  the  court  would,  pursuant  to  the  late  act  of  par- 
liament in  that  case  made  and  provided,  appoint  one  of  the  sworn  clerks 
of  this  court  to  enter  an  appearance  for  the  Defendant,  in  order  that 
the  Plaintiff  may  proceed  in  his  cause  as  if  the  Defendant  had  actually 
a]>pearcd;  and  the  court  now  appointing  A.  B.  one  of  tiie  sworn  clerks 
of  this  court,  to  enter  an  appearance  for  the  Defendant  to  the  Plaintiff's 
bill,  it  is  ordered,  that  the  Defendant,  upon  paying  the  Plaintiff  his  costs 
of  this  contempt,  and  the  warden  of  the  Fleet  his  fees,  be  discharged  out 
of  the  custody  of  the  warden  Qf  the  Fleet,  upon  the  said  con(en)pt. 


600  ORDERS. 

Another  Order  for  Habeas  Corpun. 

It  was  alleged  that  the  Defendant,  being  on  the  brought  to 

the  bar  of  this  court  by  the  messenger  attending  this  court,  for  his  con- 
tempt, in  not  putting  in  his  answer  to  the  Plaintiff's  bill,  it  was  ordered 
that  the  Defendant  should  be  turned  over  to  the  prison  of  the  Fleet, 
there  to  remain  until  he  shall  have  cleared  his  contempt,  and  this  court 
have  made  other  order  to  the  contrary.  That  the  Defendant,  having 
been  turned  over  to  the  prison  of  the  Fleet  accordingly,  and  still  per- 
sisting in  his  contempt,  it  is  therefore  ordered,  that  a  habeas  corpus  cum 
causis  do  issue,  directed  to  the  warden  of  the  Fleet,  at  the  return  thereof, 
to  bring  the  Defendant  to  the  bar  of  this  court,  to  answer  his  contempt, 
whereupon  such  further  order  shall  be  made  as  shall  be  just. 


Order  for  Habeas  Corpus,  on  Defendant  being  in  Custody. 
Upon  motion,  &c.  it  was  alleged,  that  an  attachment  having  been 
made  out  against  the  Defendant,  for  want  of  his  answer,  he  hath  returned 
a  ccpi  corpus  thereon.  It  appears,  by  the  return  of  the  sheriff,  that  the 
Defendant  is  a  prisoner  in  his  custody ;  it  was  therefore  prayed  that  a 
habeas  corpus  cum  causis  may  issue,  directed,  &:c. 

Order  for  Habeas  Corpus,  directed  to  the  JFarden  of  the  Fleet. 
AVhereas  the  Defendant  v>as,  on  broiigh:  to  the  bar  of  this  court, 
by  virue  of  a  writ  of  habeas  corpus  cum  ca'/sis,  dircrtcti  to,  ^c.  for  his 
contempt,  in  not  answering  the  Plaintiff's  bill,  and  the  Defendant  then 
persisting  in  his  contempt,  it  was  ordered  that  iic  should  he  turned  over  to 
the  prison  of  the  Fleet,  and  remain  there  till  lie  should  clear  his  contempt, 
and  this  court  make  other  order  to  the  contrary  ;  now,  upon  motion,  &c. 
it  was  alleged,  that  the  Defendant  hath  not  cleared  his  contempt  for 
want  of  his  answer  to  the  Plaintiff's  bill,  and  therefore  it  was  prayed  that 
a  writ  of  habeas  corpus  cum  causis  may  issue,  directed  to  the  warden  of 
the  Fleet,  requiring  hini,  at  the  return  thereof,  to  bring  the  Defendant  to 
the  bar 'of  this  court,  to  answer  his  said  contempt,  which  is  ordered  ac- 
cordingly, and  such  further  order  siiall  be  made  as  shall  be  just. 


Order  for  Defendant  to  he  remanded  to  the  Fleet,  and  for  an  Alias 
Habeas  Corpus. 

The  Defendant,  being  this  day  brought  to  the  bar  of  this  court,  by 
virtue  of  a  writ  of  habeas  corpus  cum  causis,  directed  to  the  warden  of 
the  Fleet,  to  answer  his  contempt,  in  not  answering  the  Plaintiff's  bill, 
and  the  Defendant  now  persisting  in  his  contempt,  it  is,  on  the  motion, 
SzQ.  ordered  that  the  Defendant  be  reznanded  back  to  the  prison  of  the 


ORDERS.  ,  601 

IPhet^  and  that  a  writ  of  alias  habeas  corpus  cum  causis  do  issue,  directed 
to  the  warden  of  the  Fleet,  requiring  him  at  the  return  thereof,  to  bring 
the  Defendant  to  the  bar  of  this  Court,  to  answer  his  said  contempt. 
Whereupon  such  further  order  shall  be  made  as  shall  be  just. 


Order  for  Defendant  to  be  remanded  to  tlie  Fleet,  and  a  Pluries  Alias 
Habeas  Corpus. 

The  Defendant,  being  this  day  brought  to  the  bar  of  this  Court,  by  vir- 
tue of  a  writ  of  alias  habeas  Corpus  cum  causis,  directed  to  the  warden  of 
the  Fleet,  to  answer  his  contempt  in  not  answering  the  Plaintiff's  bill, 
and  the  Defendant  now  persisting  in  his  contempt,  it  is,  on  the  motion, 
&c.  ordered  that  the  Defendant  be  remanded  back  to  the  prison  of  the 
Fleet,  and  that  a  writ  o^ pluries  habeas  corpus  cum  causis  do  issue,  directed 
to  the  warden  of  the  Fleet,  requiring  him,  at  the  return  thereof,  to  bring 
the  Defendant  to  the  bar  of  this  Court,  to  answer  his  said  contempt. 
Whereupon  such  further  order  shall  be  made  up  as  shall  be  just. 


Order  for  Defendant  to  be  remanded  to  the  Fleet,  and  for  Alias  Pluries 
Habeas  Corpus  and  Clerk  in  Court  to  attend. 

The  Defendant,  being  this  day  brought  to  the  bar  of  this  Court,  by  vir- 
tue of  a  writ  oi pluries  habeas  corpus  cum  causis,  directed  to  the  warden  of 
the  Fleet,  to  answer  his  contempt  in  not  answering  the  Plaintiff's  bill,  and 
the  Defendant  now  persisting  in  his  contempt,  it  is,  on  the  motion,  &c.  or- 
dered, that  the  Defendant  be  remanded  back  to  the  prison  of  the  Fleet,  and 
that  a  writ  of  alias  pluries  capies  habeas  cum  causis  do  issue,  directed  to 
the  warden  of  the  Fleet,  requiring  him,  at  the  return  thereof,  to  bring  the 
Defendant  to  the  bar  of  this  Court  to  answer  his  said  contempt,  and 
that  the  Plaintiff's  clerk  in  Court  do  then  attend  with  the  record  of  the 
Plaintiff's  bill  in  order  that  the  same  may  be  taken  pro  confesso  against 
the  Defendant. 


Order  to  speed  a  Caus^. 

Whereas  Mr.  ,  of  counsel  for  the  Defendant,  this  day  moved 

and  offered  divers  reasons  unto  the  Court  that  the  Plaintiff's  bill  may 
stand  dismissed  out  of  this  Court,  with  costs,  for  want  of  prosecu- 
tion, in  the  presence  of  Mr.  ,  of  counsel  for  the  Plaintiff  j 
whereupon  and  upon  hearing  what  was  allpued  by  the  counsel  mi  both 
sides,  it  is  ordered  that  the  Plaintiff  do  speed  his  cause,  (orj  [ij  uni/ other 
terms  refer  to  minutes.^ 

11 


602  ORDERS. 

Order  to  revive. 

Upon  motion,  &c.  {state  the  proceedings  as  in  bill  of  revivor)  that 
tlie  said  suit  abating  by  the  death  of  th^  said  A.  B.,  the  Plaintiffs  have 
since  filed  their  bill  of  revivor  in  this  Court  against  the  Defendant,  to 
which  they  have  appeared,*  but  their  time  for  answering  being  expired^ 
it  was  therefore  prayed,  that  the  said  suit  and  proceedings  may  stand  re- 
vived, and  be  in  the  same  plight  and  condition  as  they  were  in  at  the 
time  of  the  death  of  the  said  A.  B.,  which  is  ordered  accordingly. 

*  If  they  have  answered,  instead  of  the  words  in  italics,  say,  "  and 
"  put  in  their  answers,  and  thereby  submit  to  have  the  suit  revived 
"  against  theraj  and  therefore  it  was  prayed,"  &c. 

Ch'der  to  prove  Exhibits. 
Upon  motion,  &c.  it  was  prayed,  that  the  Plaintiff  may  be  at  liberty 
to  examine  one  or  more  witnesses,  viva  voce,  at  the  hearing  of  this  cause, 
to  prove,  (specif  1/ the  exhibits)  saving  all  just  exceptions,  which  is  ordered 
accordingly,  and  hereof  notice  is  forthwith  to  be  given. 


Order  for  further  time. 
Upon  motion,  &c.  it  was  alleged,  that  the  Defendant,  on  , 

obtained  an  order  for  time  to  put  in  his  answer  to  the  Plaintiff's 

bill ;  that  the  Defendant  is  preparing  his  answer,  but  cannot  perfect  the 
same  by  the  time  limited  by  the  said  order,  therefore,  and  in  regard,  the 
said  Defendant  is  not  in  contempt,  it  was  prayed  that  the  Defendant 
may  have  further  time  to  put  in  his  answer  to  the  Plaintiff's 

bill,  which  is  ordered  accordingly.     But  this  to  be  peremptory. 

Order  for  further  time  on  third  application. 

Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  has  had  two 
several  orders  for  time  to  put  in  his  answer  to  the  Plaintiff's  bill,  the  first 
dated  for  ,  and  the  last  dated  for  ,  which  last  was 

to  be  peremptory  ;  that  the  Defendant  is  preparing  his  answer,  but  can- 
not perfect  the  same,  by  the  time  limited  by  the  said  last  order,  there- 
fore and  in  regard,  the  Defendant  is  not  in  contempt  it  was  prayed,  that 
the  Defendant  may  have  further  time  to  put  in  his  answer  to 

the  Plaintiff's  bill,  whereupon  it  is  ordered,  that  the  Defendant  have 
further  time  to  put  in  his  answer  to  the  Plaintiff's  bill,  the  Defendant^ 
by  his  counsel,  consenting  to  ask  no  further  time. 


ORDERS.  603 

Order  to  refer  it  to  the  Master  to  see  loho  set  Counsel's  Name  to  Bill. 

Upon  motion,  &c.  it  was  alleged  that  the  Plaintiff  having  exhibited 
his  bill  in  this  Court,  against  the  Defendant,  the  Defendant,  upon  look- 
ing into  the  same,  is  advised  the  name  of  ,  set  thereto  as  the 
counsel  who  signed  the  bill,  is  not  of  his  hand-writing  or  put  thereto 
with  his  privity.  It  is  thereupon  ordered,  that  it  be  referred  to  Mr.  , 
one,  &c.  to  look  into  the  Plaintiff's  bill,  and  examine  and  certify  whether 
the  name  of  ,  set  thereto,  is  of  the  hand-writing  of  th<» 
said                         ,  or  was  set  thereto  with  his  privity. 


Order  for  a  Guardian  to  an  Insane  Person. 
Upon  motion,  &c.  it  was  alleged,  that  the  Defendant  is  a  person  of 
insane  mind,  and  not  capable  of  understanding  the  Plaintiff's  bill,  or 
putting  in  answer  thereto,  as  by  affidavit  appears,  (words from  affidavit); 
and  therefore  it  was  prayed,  that  the  Defendant  may  have  a  commission 
to  assign  him  a  guardian,  by  whom  he  may  answer  the  Plaintiff's  bill, 
and  defend  this  suit,  and  to  take  his  answer  by  such  guardian,  which, 
upon  reading  the  said  affidavit,  is  ordered  accordingly,  thereof  notice  is 
to  be  given  forthwith. 


Order  to  tax  a  Solicitor's  Bill. 

Upon  opening,  &c,  {state  the  case)  wherefore  it  is  ordered  that  it  be 
referred  to  Mr.  ,  one,  &c.  to  tax  the  said  A.   B.'s  bill  of  fees 

and  disbursements ;  and  the  said  A.  B,  is  to  be  examined  on  interroga- 
tories, and  to  produce,  on  oath,  before  the  said  master,  all  books,  papers, 
and  writings,  in  his  custody  or  power,  relating  thereto,  as  the  said  mas- 
ter shall  direct.  And  it  is  ordered,  that  the  said  do  pay  the 
said  A.  B.  what,  if  any  thing  shall  appear  to  be  due  to  him  in  such  tax- 
ation;  and  thereupon,  or  in  case  it  shall  appear  that  the  said  A.  B.  is 
overpaid,  the  said  A.  B.  is  to  deliver  to  the  said  ,  upon  oath, 
all  books,  papers,  and  writings,  which  he  hath  in  his  custody  or  power 
belonging  to  the  said  ;  and  in  case  it  shall  appear  that  the  said 
A.  B.  is  overpaid,  it  is  ordered,  that  the  said  A,  B.  do  refund  to  the  said 
what  the  said  master  shall  certify  to  be  so  overpaid. 

N.  B.  There  must  be  a  submission  of  the  party  applying  for  this 
order  to  pay  what  shall  be  due  on  the  taxation. 


Order  to  make  a  Decree  absolute. 
Whereas  by  the  decree  made  in  this  cause,  bearing  date  the  , 

it  was  ordered  and  decreed  (ordering  part).     Now,  upon  motion,  &c.  it 
was  alleged,  that  the  Defendant  has  been  duly  served  with  a  subpoena 


604  ORDERS. 

to  shew  cause  against  the  said  decree,  as  by  affidavit  appears,  and  that 
no  cause  is  shewn  to  the  contrary  thereof,  as  by  the  register's  certificate 
al^o  appears  :  and  therefore  it  was  prayed,  that  the  said  decree  may  be 
made  absolute,  which  is  ordered  accordingly. 

Order  for  an  Infant  to  convey. 

Upon  opening,  &;c  [state  order  of  reference.^  In  pursuance  whereof 
the  said  master  made  his  report,  dated,  &:c.  and  thereby  certified  {report 
in  past  tense  ;)  and  thereupon   it  was  prayed  that  the  said  ,  in- 

fant, may,  pursuant  to  the  said  act  of  parliament,  convey  the  said  pre- 
mises, according  to  the  said  report,  which,  upon  reading  the  said  report, 
is  ordered  accordingly. 


Order  to  appoint  a  Receiver  as  to  several  Kinds  of  Estates,  and  of  an 
Estate  in  Ireland 
Upon  opening,  Sec.  (state  case)  it  is  ordered  that  it  be  referred  to 
Mr.  &c.  to  appoint  a  proper  person  to  be  receiver  of  the  rents  and 

profits  of  the  real   estate  of  ,  and  to  allow  him  a  reasonable 

salary  for  his  care  and  pains  therein,  such  person  so  to  be  appointed 
receiver,  first  giving  security  to  be  allowed  of  by  the  said  master,  and 
to  be  taken  before  a  master  extraordinary  in  the  country,  if  there  shall 
be  occasion,  duly  and  annually  to  account  for  and  pay  what  he  shall  so 
receive,  as  this  court  shall  direct,  and  the  tenants  of  the  said  estate  are 
to  attorn  and  pay  their  rents  in  arrear,  and  growing  rents,  to  such  re- 
ceiver, who  is  to  be  at  liberty  to  let  and  set  the  said  estates,  from  time 
to  time,  with  the  approbation  of  the  said  master,  as  there  shall  be  oc- 
casion. 

N.  B.  If  the  estate  be  in  Ireland,  say,  "  and  let  the  person  who  shall 
"  be  appointed  receiver  of  the  rents  and  profits  of  the  said  estate  in  Ire- 
"  land,  give  security,  to  be  approved  of  by  the  said  master ;  but  the 
a  recognizance  is  to  be  acknowledged  by  the  person,  so  to  be  appointed 
"  receiver,  before  a  master  of  the  Court  of  Chancery  in  Ireland,  and 
"  to  hf  d'lly  entered  and  enrolled  according  to  the  course  of  that  court; 
**  and  the  taking  and  enrolling  thereof  is  to  be  duly  certified  to  this  court 
"  by  one  of  ihe  masters  of  that  court." 

If  there  be  copyhold  estates,  and  courts  to  be  held,  add,  at  the  end, 
the  following  words :  "  and  let  such  courts  as  have  been  usually  held, 
"  and  are  proper  io  be  held,  for  the  copyhold  estate,  be,  from  time  to 
"  time,  held  by  the  receiver  in  the  name  or  names  of  the  person  or  per- 
"  sons,  in  whom  the  legal  estate  is,  and  let  the  receiver  bring  into  this 
"  court  his  account  of  all  such  fines  and  other  profits  as  shall  be  taken 
"  by  him  at  such  courts." 


cmDERS.  605 

If  a  manor,  say,  before  the  above,  "  and  any  other  person  or  persons, 
•^  in  receipt  of  any  part  of  the  profits  of  the  said  manor,  are  also  to 
"  pay  the  arrears  and  growing  payments  thereof  to  such  receiver." 

Again,  if  a  manor ;  "  and  let  such  receiver  let  or  set  such  part  or 
"  parts  of  the  land  and  premises,  and  the  quit  rents,  and  other  material 
"  rights  and  profits  of  the  said  manor  a?  have  been  usually  let  or  set  by 
*'  copy  of  court-roll,  or  otherwise,  according  to  the  custom  of  the  said 
"  manor,    with  the  approbation  of  the  master,  as  there  shall  be   oc- 


Order  to  tax  Costs,  no  Relief  being  prayed  by  iJie  Bill. 

Upon  opening,  &c.  it  was  ordered  that  the  Piaintid's  having  exhibited 
their  bill  in  this  court  against  the  Defendant  for  a  discovery  of  the  se- 
veral matters'  therein  mentioned,  and  for  the  examination  of  witnesses, 
in  order  to  perpetuate  their  testimony  thereto ;  ana  the  Defendant 
having  put  in  his  answer  to  the  said  bill,  the  Plaintiffs  replied  thereto, 
and  the  cause  being  at  issue,  the  Plaintiffs  sued  out  a  commission,  and 
examined  their  witnesses  thereon  ;  but  the  Defendant  hath  not  examined 
any  witnesses,  and  the  Plaintiffs,  by  their  said  bill,  praying  no  relief,  and 
not  having  proceeded  in  their  cause  since  the  execution  of  the  said 
commission,  it  was  therefore  prayed,  that  the  Plaintiffs  may  pay  unto 
the  Defendants  his  costs  of  this  suit,  which,  upon  hearing,  &c.  is 
ordered  accordingly,  and  it  is  hereby  referred  to  Mr.  &c.  to 

tax  the  said  costs. 

N.  B.  Upon  the  answer  coming  in,  if  the  Plaintiff  doth  not  except 
within  the  time  limited,  the  Defendant  moves  of  course  for  this  order. 


Order  to  make  an  Agi^eement  an  Order  of  Court. 
Whereas  by  articles  of  agreement,  bearing  date,  &c.  it  ?s  recited  and 
agreed   as  follows,  that  is   to  say,  {agreement  verbatim^     Now,  upon 
motion,  &c.  and  upon  producing  one  part  of  the  said  articles,  under  the 
respective  hands  and  seals  of  ,  and  praying  that  the  same 

may  be  made  an  order  of  this  court,  it  is  ordered,  that  the  said  agree- 
ment be  made  an  order  of  this  court,  to  be  observed  and  performed  by 
the  parties  thereto,  according  to  the  tenor  and  true  meaning  thereof, 
,Mr.  ,  of  counsel  for  ,  consenting  thereto. 


Order  to  examine  Feme  Coverts  separately. 
Upon  motion,  &c.  {state  case)  it  is  ordered,  that  the  said  , 

the  wife  of  ,  and  ,  the  wife  of  ,  do  severally 

attend  justices,  *  &c.  or  any  of  them,  be  solely  and  secretly 


606  ORDERS. 

examined  by  them  separate  and  apart  from  their  said  husbands,  how,  and 
in  what  manner,  and  to  what  uses,  they  are  severally  willing  and  de- 
sirous may  be  paid  and  applied  ;  and  the  said  ,  or 
any  of  them,  who  shall  take  such  examinations,  are  to  take  the  same 
in  writing-  signed  by  the  said  respectively,  and  to  certify  the 
same,  in  writing,  under  their  hands,  and  the  signing  of  the  said  , 
and  such  certificates,  are  to  be  verified  by  affidavit;  and,  upon  the 
return  of  such  certificates,  such  further  order  shall  be  made  as  shall 
be  just. 

*  If  they  reside  in  America,  to  attend         counsellors  and  attornies, 
of  ,  and  aldermen  of  the  same,   and  such  certificate  to 

be  verified  by  the  seal  of  the  province  annexed  thereto. 


Order  to  dissolve  an  Injunction,  ttnless   Cause  revived. 
Upon  motion,   &c.  it  was  alleged,   that  the  Plaintiff  is  lately  dead, 
having   made   his    will,    and    appointed  executors   thereof,   who 

proved  the  same,  but  have  not  thought  fit  to  revive  this  suit,  and  the 
said  Plaintiff  having,  in  his  life-time,  obtained  an  injunction  to  stay  the 
Defendant's  proceedings  at  law  for  the  matters  here  in  question.  It 
was  therefore  prayed,  that  the  said  ,  the  executors  of  the  said 

Plaintiff,   may,  in  after  notice  hereof,  exhibit  a  bill   of  re- 

vivor against  the  Defendant,  in  order  to  revive  this  suit,  or  in  default 
thereof,  that  the  said  injunction  may  be  dissolved,  which  is  ordered  ac- 
cordingly. 


Order  to  answer  by  Committee. 
Upon  motion  it  was  alleged,  that  the  Plaintift'  hath  exhibited  his  bill 
in  this  court  against  the  Defendant,   therefore,    and  in  regard  a  commis- 
sion of  lunacy  hath   issued   against  the   Defendant,    and  he  hath  been 
found  a  lunatic  tliereon,  and  hath  been   appointed  his  commit- 

tee, it  was  prayed,  that  the  Defendant  may  be  at  liberty   to  put  in  his 
answer  to  the  Plaintiff's  bill  by  the  said  ,  his  committee,   and 

may  have  a  commission,  &c.  which  is  ordered  accordingly. 


Order  for  (Sheriff  to  make  return  on  Attachment. 
Upon   motion,  &c.    it  was   alleged,   that  an  attachment  having  is- 
sued against  the  Defendant  for  want  of  his  answer  to  the  Plaintiff's  bill, 
returnable  the  day  of  ,  the   sheriff  of  ,  to 

whom  the  said  attachment  was  directed,  refuses  to  return  the  same.     It 
is  thereupon  ordered,  that  the  said  sherifl'of  do  forthwith  make 

his  return  on  the  said  attachment. 


ORDERS.  607 

Order  to  vacate  Recognizance  of  a  Receiver. 

Upon  opening,  &c.  it  was  alleged,  that  (order  to  appoint  a  receiver^ 
that,  pursuant  to  the  said  order,  the  said  master  appointed  re- 

ceiver of  who  thereupon,  together  with  and  , 

as  his  sureties,  by  the  names  and  additions  of  ,  {take  the  exact 

words  from  recognizance)   did,  on  ,  enter  into  a  recognizance 

unto  in  the  penalty  of  ,  with   condition,    &c.     And 

thereupon  it  was  prayed,  that  the  said  recognizance,  so  entered  into  by 
the  said  ,  together  with  the  said  and  ,  his 

sureties  as  aforesaid,  may  be  vacated,  which  is  ordered  accordingly,  and 
for  that  purpose  the  proper  officer  is  to  attend  with  the  record  of  the 
said  recognizance. 


Oi'der  for  a  Writ  of  Supplicanit. 

Upon  opening,  &c.  and  upon  producing  certain  articles  of  misde 
meanor  exhibited  against  ,   and  {ittested  by  ,  and 

hearing  the  same  read,  it  is  ordered  that  a  special  writ  of  supplicavit 
do  issue  according  to  the  statute  in  that  case  made  and  provided,  and  the 
security  to  be  taken  thereon,  as  to  the  said  ,  is  to  be  hi  the  sum 

of  £         ,  and  he  is  to  find         sureties  in  the  sum  of  £ 


Order  for  a  Commission  to  set  out  and  disti?igiiish  Copyhold  from  Free- 
hold Lands. 

Let  a  commission  issue,  directed  to  certain  commissioners  to  be  therein 
named,  to  set  out,  distinguish,  and  divide  the  copyhold  lands  com- 
prised in  the  deed  of.  &c.  or  any  of  them,  from  the  freehold  lands, 
and  to  ascertain  the  boundaries  thereof;  and  the  commissioners  are  to 
set  out,  distinguish,  divide,  and  ascertain  the  same  accordingly. 

And  after  the  lands  shall  be  so  set  out  respectively,  the  Defendant  is 
to  deliver  possession  thereof  to  the  Plaintiff,  and  the  Plaintiff  and  his 
heirs  are  to  hold  and  enjoy  the  same  against  Defendant  and  his  heirs,  or 
any  person  or  persons  claiming  under  him,  as  parcel  of  the  manor 
of,  &c. 

And  let  all  parties  produce  before  the  commissioners  all  court-rolls, 
court-books,  copies  of  court-rolls,  deeds,  and  other  writings,  relating  to 
the  lands  in  question,  in  their  custody  or  power,  upon  oath,  to  be  in- 
spected by  the  commissioners,  or  by  the  parties,  or  their  agents,  as  the 
commissioners  shall  think  fit,  and  the  parties  are  to  be  at  liberty,  at 
their  own  expense,  to  take  copies  thereof. 


608 


ORDERS. 


Order  to  see  which  Bill  is  most  for  Infant's  Benefit. 
Upon  motion,  &c.  it  was  alleged,   that         bills  have  been  exhibited 
in  this  court  in  the  name  of  the  Plaintiff,  the  infant,  one  by  ,  as 

his  next  friend,  and  the  other  by  ,  as  his  next   fiiend,  touching 

one  and  the  same  matter ;  and  therefore  it  was  prayed  that,  &c. 


Order  to  deliver  Long  Annuity  Orders  out  of  the  Bank. 
Upon  opening,  &c.  it  is  ordered,  that  the  long  annuity  orders 

following,  that  is  to  say,  No.         dated,  &c.  for  and  No.         , 

dated,  &c.  for  ,  placed  to  the  credit  of  this  cause,  be,  together 

with  the  tallies  belonging  thereto,  delivered  out  of  the  bank  with  the 
privity  of  the  Accountant-General  of  this  Court,  and  assigned  by  hira 
to 


07'der  on  arguing  Exceptions. 
The  matter  of  the  exceptions  taken  by  the  report,  made  in  this  cause 
by  Mr.  ,  one,  &c.  dated,    &c.    coming  on,   &c.  to  be  argued 

before  ,    in  the  pfesence  of  counsel  learned,    for  , 

upon  opening  and  debate  of  the  Defendant's  first  exception,  and  hear- 
ing read,  and  what  was  alleged,  &c.  held  the  said 
first  exception  to  be  insufficient,  and  doth  therefore  order  that  the  same 
be  over-ruled,  and  the  said  second  exception  being  for  that,  &c. 
upon  debate,  &c.  doth  order,  on  the  said  second  exception,  that, 
&c.  and  that  the  sum  of  £  ,  deposited  by  ,  with  the  register, 
on  the  filing  of  the  said  exceptions,  be  paid  to  (or  be  divided 
hettveen. 


Order  to  take  Issues  pro  Confesso. 
Upon  opening,  &c.  unless   the  Plaintiffs  in   the  issues  do  proceed  to 
the  trial  thereof  some  time  in  ,  it  is  ordered  that  the  said  issues 

be  taken  pro  confesso  as  if  the  same  had  been  tried  and  found  against 
them  without  further  motion. 


Order  on  arguing   Plea  and  Demun-er,    where  over'ruled — Variations 
tohere  they  are  allowed,  and  when  ordered  to  stand  for  an  answer. 
The  matter  of  the  plea  and  demurrer  put  in  by  the  Defendant,  to  the 
Plaintiff's  bill,  coming  on  this  present  day  to  be  argued  before  , 

in  the  presence  of  counsel  learned,  for  ;  and  the  said  plea  and 

demurrer  being  opened,*  upon  debate  of  the  matter  and  hearing,  &c. 
held  the  said  plea  and  demurrer  to  be  insufficient,  and  doth  therefore 
order  that  the  same  be  over-ruled. 


ORDERS. 


609 


*  If  they  are  allowed,  it  will  run  thus  : — "  and  the  same  being  as  to 
■^'  so  much  of  the  Plaintiff's  bill,  S^c.  the  Defendant  by  the  said  d'-- 
"  murrer,  insisting,  &c.  upon  debate,  &c.  held  the  Defendant's  said 
"  plea  and  demurrer  to  be  good  and  sufficient,  and  therefore  doth  or- 
"  der  that  the  same  do  stand  and  be  allowed,  and  that  the  sum  of 
"  £  be  deposited  by  the  Defendant,   with   the  register,  on  setting 

"  down  the  said  plea  and  demurrer  to  be  argued,  be  paid  back  to  the 
"  Defendant." 

And  thus,  if  they  stand  for  an  answer :— ''  the  matter,  ^c.  and  the 
"  said  plea  and  demurrer  being  opened  upon  debate,  &c.  doth  order, 
"  that  the  said  plea  do  stand  for  an  answer,  with  liberty  for  the  Plaintiff 
*'  to  except  thereto,  and  the  benefit  thereof  is  hereby  saved  unto  the  De- 
"  fendant  until  the  hearing  of  this  cause." 

Order  for  sale  of  Annuities  and  Payment  of  Cash  out  of  "Bank. 

Upon  opening,  &c.  it  is  ordered,  that  the  annuities  standing  in  the 
name  of  the  Accountant-General  of  this  Court,  in  trust  in  this  cause,  be 
sold  with  the  privity  of  the  said  Accountant-General,  and  one  of  the 
cashiers  of  the  bank  is  to  have  notice  to  attend  such  sale,  and  receive  the 
money  arising  thereby,  who,  on  receipt  thereof,  is  to  pay  the  same 
into  the  Bank  to  be  placed  to  the  credit  of  this  cause;  and  when  the 
said  money  shall  be  so  paid  into  the  Bank,  it  is  ordered,  that  the 
same  be  paid  to  ,  and  for  that  purpose  the  said  Accountant- 

General  is  to  draw  oji  the  Bank,  according  to  the  form  prescribed  by 
act  of  parliament  for  relief  of  the  suitors  of  this  Court,  and  the  general 
rules   and  orders  of  this  Court  in  that  case  made  and  provided. 


Order  for  Ne  Exeat  Regno. 
Upon  motion,  &c.  it  was  alleged,  that  it  appears   by  the   affidavit 
of  {state  affidavit)  to  be  relieved,  wherein  the  Plaintiff  hath 

filed  his  bill  ift  this  court  against  the  Defendant,  as  by  the  six  clerks' 
certificate  appears.  It  was  therefore  prayed,  that  a  writ  of  ne  exeat 
regno  may  be  awarded  against  the  Defendant  until  he  shall  fully  answer 
the  Plaintiff's  bill,  and  this  Court  make  other  order  to  the  contrary 
which  upon  reading  the  said  affidavit  is  ordered  accordingly ;  and  the 
said  writ  is  to  be  marked  in  the  sum  of  ^  ,  in  words  at  length   and 

not  in  figures. 


Order  to  disattoio  Cause,  and  dissolve  Injunction. 
Whereas  by  an  order  of  the  ,  for  the  reasons  therein  con- 

tained, it  was  ordered,  that,  &c.     Now,  upon  motion,  &c.  who  came 

78 


610 


ORDERS. 


,  to  shew  cause  against  the  said  order,  and  moved  and  oftered  divers 
reasons  for  discharge  thereof,  and  for  continuance  of  the  said  injunction, 
in  the  presence  of  Mr.  ,  of  counsel  for  the  Defendant ;  where- 

upon, and  upon  hearing  of  what  was  alleged  by  the  counsel  on  both 
sides,  his  Lordship  doth  disallow  the  cause  now  shewn,  and  doth  there- 
fore order  that  the  said  injunction  do  stand  dissolved. 

Order  to  adjourn  Petition. 
Counsel  for  this  day  attending  touching  the  matter  of  a  pe- 

tition, preferred  by  the  said  unto  ,  on  ,  his  Lordship 

doth  order,  that  the  matter  of  the  said  petition  do  stand  adjourned  to 
the  next  day  of  petitions. 

Order  to  ansicer   Vincidis,  fourth  Ansivcr  insufficient. 
Forasmuch,  &c.  that  the  Defendant's  fourth  answer  to  the  Plaintiff's 
bill  hath  been  reported  insufficient  by  Mr.  ,  one,  &c.  as  by  the 

said  master's  report,  dated,  &c.  now  produced  and  read,  appears.  It  is 
thereupon  ordered,  that  the  Defendant  do  stand  committed  to  the  prison 
of  the  Fleet  until  he  shall  fully  answer  the  Plaintiff's  bill,  clear  his 
contempt,  and  this  Court  make  other  order  to  the  contrary. 


Order  to  add  an  Interrogatory  to  those  exhibited. 

Upon  motion,  &'c.  that  this  cause  being  at  issue,  a  commission  issued 
for  the  examination  of  witnesses,  returnable,  &c.  that  the  Plaintiff  is  ad- 
vised it  will  be  material  ftir  him  to  add  an  interrogatory  to  those  already 
exhibited;  and  therefore  it  was  prayed,  that  the  Plaintiff  may  be  at 
liberty  to  add  an  interrogatory  to  those  already  exhibited  on  the  said 
commission,  which  is  ordered  accordingly. 

Order  to  answer  Exceptions  to  a  Decree  of  Charitable  Unes. 
Upon  motion,  &c.  of  counsel  for  the  exceptions,  it  was  alleged,  that 
the  exceptants,  on  ,  fded  exceptions  to  a  decree  of  charitable 

uses,  made  by  commissioners  on  behalf  of  the  poor  of  ,  since 

which  the  respondent  hath  not  put  in  any  answer  thereto,  as  by  certifi- 
cate appears.  It  is  thereupon  ordered,  that  the  respondent  do  answer 
the  said  exceptions  in  after  personal  notice  thereof,  or  in  de- 

fault thereof,  that  the  said  exceptions  be  taken  pro  confesso,  and  the 
said  decree  reversed. 


ORDERS.  611 

Order  to  add  an  Interrogatory  as  to  Exhibits,  Publication  having  passed. 
Upon  motion,  &c.  that  the  Plaintiff  is  advised  to  prove  the  following 
exhibits,  that  is  to  say,  &;c, ;  but  publication  having  passed  he  cannot 
do  it  without  the  leave  of  the  Court.  It  was  therefore  prayed,  that  the 
Plaintiff  may  be  at  liberty  to  exhibit  an  interrogatory  in  the  examiner's 
office  and  to  examine  witnesses  thereon  to  prove  the  said  exiiibits,  not- 
withstanding publication  is  passed,  which  is  ordered  accordingly. 


Order  to  make  Award  on  order  of  Court. 
Upon  motion,  &c.  and  praying  the  writing  of  award  hereafter  men- 
tionrd,  bearing  date,  I'fec.  under  the  respective  hands  and  seals  of  , 

and  by  them  sealed  and  delivered,  being  first  duly  stamped  in  the  pre- 
sence of  ,  may  be  made  an  award  of  this  Court ;  and  the  said 
writing  of  award  being  now  produced,  the  same  appears  to  be  as  fol- 
lows, that  is  to  say — To  all  people,  &c.  Whereupon,  and  upon  hearing, 
&c.  and  an  affidavit  niade  by  the  said  read,  his  Lordship  doth 
order,  &:c. 


Order  to  amend  Bill  by  making  some  of  the  Plaintiff's  Defendants. 

Upon  motion,  &:c.  it  was  alleged,  that  the  present  Plaintiffs,  together 
with  ,  having  exhibited  their  bill  in  this  Court  against  the 

Defendants,  the  Plaintiffs  are  advised  to  strike  out  the  names  of  the 
said  from  being  Complainants,  and  to  name  the  said  Com- 

plainants Defendants  to  the  said  bill ;  and  therefore  it  was  prayed,  that 
the  Plaintiffs  may  be  at  liberty  to  amend  their  bill,  without  costs,  by 
striking  out  the  said  from  being  Complainants,  and  by  making 

them  Defendants ;  which  is  ordered  accordingly. 


Order  for  Time  for  Husband  and    Wife  to  answer  separate,  although 
Defendants  do  not  live  separate. 

Upon  motion,  &c.  of  counsel  for  the  Defendant,  (the  wife)  it  was 
alleged,  that  the  Defendant  (the  husband)  is  made  a  Defendant  to  thfe 
Plaintiff's  bill,  in  right  of  the  said  Defendant  (his  wife);  that  the  said 
Defendant  (the  wife)  is  advised  to  put  in  her  answer  separate  from  the 
said  Defendant  (her  husband);  therefore,  and  in  regard  the  said  De- 
fendant (the  wife)  hath  not  obtained  any  order  for  time,  and  is  not  in 
contempt,  it  was  prayed,  that  she  may  be  at  liberty  to  put  in  her 
answer  to  the  Plaintiff's  bill  separate  from  her  said  husband,  and  niay>' 
have  weeks  time  for  that  purpose,  and  which   is  ordered  ac- 

cordingly. 


612  ORDERS. 


% 


Order  for  arguing  Demurret'  in  Petti/  Bag. 
The  matter  of  the  demurrer  put  in  for  the  Plaintiff  to  the  Defendant's 
plea    to  the   Plaintiff's   declaration    in  the  petty   bag   coming  on  this 
present  day  to  be  argued  before  ,  in  the  presence  of  counsel 

learned  on  both  sides.  Upon  opening  and  debate  of  the  matter,  and 
hearing,  &;c.  his  Lordship  doth  order,  that  the  said  Plaintiff  have  judg- 
ment, unless  the  Defendant  shall  on  shew  unto  this  Court  good 
cause  to  the  contrary. 


Demurrer  to  adjourn. 
The  matter  of  the  demurrer  put  in  by  the  Defendant  to  the  Plaintiff's 
bill,  standing  this  present  day  in  the  paper  of  pleas  and  demurrers  to  be 
argued  before  ,  in  the  presence  of  counsel  learned  on  both 

sides  ;  and  [state  reason)  his  Loi  dship  doth  order,  that  the  said  demurrer 
do  stand  adjourned  over  to  the  next  day  of  pleas  and  demurrer. 

Order  to  conjirni  proceedings  under  Act  bth  George  III. 
Upon  opening,  &c.  that  the  Plaintiff  having  exhibited  his  bill  in  this 
Court  against  Defendant,  and  sued  out  a  subpoena  to  compel  him  to 
appear  and  answer  the  same,  and  the  Defendant  absconding  to  avoid 
being  served  with  such  subpoena,  the  Plaintiff  proceeded  against  him 
pursuant  to  the  act  of  parliament  made  in  the  5th  George  III.  intituled 
"  An  Act  for  making  Process  in  Courts  of  Equity  effectual  against  those 
'•  who  abscond  and  cannot  be  found  to  be  served  therewith,  or  who 
"  refuse  to  appear  thereon,"  obtained  a  decree,  whereby  it  was  ordered 
and  decreed,  &c. ;  that,  pursuant  to  the  said  decree,  the  master  made 
his  report  bearing  date,  &c.  which  stands  absolutely  confirmed  by  order 
of  ,  and  thereby  certified  that,  &c. ;  that  by  an  order,  dated,  &c. 

(order  of  foreclosure)  that  the  Plaintiff  having  found  the  Defendant,  did, 
on  ,  cause  him  to  be  served  with  the  said  decree,  report,  and 

order  for  confirming  the  said  report  and  order  (of  foreclosure),  as  by 
affidavit  app*^ars,  notwithstanding-  which  the  Defendant  hath  not  ap- 
peared to  the  Plaintiff's  bill,  as  by  the  six  clerks'  certificate  appears, 
and  therefore  it  was  prayed,  that  the  said  decree,  report,  and  orders 
of  may,  pursuant  to  the  said  act  of  parliament,  stand  absolutely 

confirmed  against  the  Defendant,  his  executors  and  administrators,  and 
all  persons  claiming  or  to  claim  by,  from,  or  under  him,  them,  or  any 
of  them,  by  virtue  of  any  act  done,  or  to  be  done,  subsequent  to  the 
commencement  of  this  suit,  which,  upon  hearing  of  read,  is 

ordered  accordingly, 


ORDERS.  613 

Order  for  a  Certiorari  to  remove  Cause  out  of  the  Mayor^s  Court. 
Upon  motion,  &c.  {imt,  some  time  since,  the  Defendant  exhibited 
his  bill  in  the  mayor's  court  of  L.  against  the  Plaintiff,  to  which  an 
answer  was  put  in,  and  the  cause  was  afterwards  heard,  since  which  the 
Plamtiff  hath  brought  his  bill  in  this  court,  as  by  the  six  clerks'  cer- 
tificate appears,  and  the  Plaintiff  hath  given  security  to  prove  the  sug- 
gestions of  his  bill  within  years,  according  to  the  course  of 
the  courts,  as  by  the  said  certificate  also  appears.  It  was  therefore 
prayed,  that  a  writ  of  certiorari  may  issue  to  remove  the  said  proceedings 
out  of  the  said  mayor's  court  into  this  court,  which  is  ordered  accord- 
ingly. 


Order  to  dissolve  Injunotion  on  Demurrer  being  altoiced. 

Whereas  the  Plaintiff  obtained  an  injunction  for  stay  of  Defendant's 
proceedings  at  law  till  answer,  and  other  order  to  the  contrary.  Now, 
upon,  &c.  that  the  Defendant  having  put  in  a  demurrer  to  the  Plaintiff's 
whole  bill,  the  said  demurrer,  on  arguing,  was  allowed,  and  therefore 
it  was  prayed  that  the  said  injunction  may  be  absolutely  dissolved,  which 
is  ordered  accordingly. 


Order  for   Capias  in  Withernam. 

Forasmuch,  &c.  that  pursuant  to  an  order  of  a  writ  de  homine  replc- 
giando,  issued  on  the  behalf  of  the  said  A.  directed  to  the  sheriff  of 
,  to  replevy  B.,  the  wife  of  the  said  A.,  whom  C,  in  the  said 
order  named,  hath  taken  and  detained,  and  that  the  said  sheriff"  hath  re- 
turned upon  such  writ,  that  the  said  B.  was  essoined  by  the  said  C.  to 
some  place  to  him  unknown,  so  that  he  could  not  replevy  her.  It  is 
therefore  ordered,  that  the  said  A.  be  at  liberty  to  sue  out  a  capias  in 
withernam  against  said  C. 

N.  B.  If  the  writ  de  homine  replegiando  be  returned  non  est  inventus, 
then  a  capias  in  withernam  goes  against  his  goods. 


Order  for  Commission  on  Master's  Certificate. 
Upon  motion,  &c.  that  by  the   decree  made  on   the  hearing  of  this 
cause  several  accounts   were  directed  to  be  taken  by  Mr.  ,  for  the 

better  taking  of  which  accounts  the  parties  were  to  be  examined  on  in- 
terrogatories, and  to  produce  on  oath,  before  the  said  master,  all  books, 
papers,  and  writings  in  their  custody  or  power  relating  thereto,  as  the 
master  should  direct.     In  pursuance  whereof  the  exhibited  inter- 

rogatories before  the  said  master,  for  the  examination  of,  that  it  appears 
by  the  said  master's  certificate,  bearing  date,  &c.  that  it  will  be  neces- 


614  OUDERS. 

sary  to  have  a  commission  for  that  purpose,  and  therefore  it  was  prayed 
that,  &c.  which,  upon  reading,  &c.  is  ordered  accordingly. 


Exceptions  and  further  Directions  opened  separately. 
This  cause  coming  on,  &c.  and  tiie  pleadings  in  the  cause  being  then 
opened  upon  debate,  &c.  his  Lordship  did  order  and  decree  that,  &c.  that 
in  pursuance  of  the  said  decree,  the  said  master  made  his  report,  bear- 
ing date,  &c.  and  thereby  certified,  tS:c.  To  which  said  report  the 
took  several  exceptions,  and  the  matter  of  the  said  exceptions  coming 
on  this  present  day  to  be  argued  before  ,  and  the  said  exceptions 

being  opened,  and  the  first  being  for  that,  &c.  (and  so  through  all  the 
exceptions,)  and  this  cause  also  coming  on  to  be  heard  for  further  direc- 
tions, &c.  before,  &c.  upon  opening  and  debate,  Ssc. 

Order  for  Time  to  answer   Cross  Bill  after  Defendant  has  answered 

Original  Bill. 
Upon  motion,  &o.  per  querela,  and  Defendants  in  cross  cause,  it 
wa'^  ordered  that  the  said  Plaintid's  having  exhibited  their  bill  in  the  ori- 
ginal cause  against  the  Defendants  in  that  cause,  the  said  Defendants 
appeared  thereto,  and  obtained  an  order,  dated  ,  for  time  to  answer, 
and  have  exliibiled  their  cross  bill  against  the  Plaintifls  in  the  original 
cause,  to  which  they  have  appeared.  It  was  therefore  prayed  that  the 
Defendants  in  the  cross  cause  may  have  a  fortnight's  time  to  put  in  their 
answer  to  the  cross  bill,  after  tiie  Defendants  in  tlie  cross  cause  shall 
have  put  in  their  answer  to  the  original  bill,  which  is  ordered  accord- 
ingly- 

Order  for  Habeas  Corpus,  Defendant  not  being  able  to  give  Security 
on  Ne  exeat  regno. 
TJpon  motion,  &c.  it  was  alleged  that  the  Defendant  hath  been  ar- 
rested by  tlie  sherifl'  of  upon  a  writ  of  ne  exeat  legno,  whereon 
security  is  to  be  taken  in  the  sum  of  £  but  the  Defendant  is 
not  able  to  give  such  security,  and  his  books  and  papers  are  in  , 
and  he  cannot  put  in  his  answer  without  inspecting  the  same,  and  there- 
fore it  was  prayed  that  a  habeas  corpus  may  be  awarded,  directed  to  the 
sheriff  of  ,  for  him,  at  the  return  thereof,  to  bring  the  Defen- 
dant to  tiie  bar  of  this  court,  in  order  to  his  being  turned  over  to  the 
prison  of  the  Fleet,  which  is  ordered  accordingly. 


fifibros  Corpus  to  (iaoler  of  County  Palatine  of  D. 
Upon  motion,  &c.  it  was  alleged   thnt  an   attachment  having  issued 
against  the  Defendant  for  non-payment  of  the  sum  of  £  to  the 


ORDERS.  G15 

Plaintifl'  pursuant  to  an  ordrr,  dated  ,  it  appears  by  the  certificate 
of  gaoler  or  keeper  of  the  gaol  in  the  county  palatine  of  D. 

that  the  Defendant  is  detained  in  Vhe  said  gaol.  Whereupon,  and  upoii 
hearing  an  affidavit  of  read,  it  is  ordered  that  a  habeas  rorpus 

cum  causis  do  issue,  directed  to  the  gaoler  or  keeper  of  the  said  gaol,  at 
the  return  thereof,  to  bring  the  Defendant  to  the  bar  of  thi'i  court  to 
answer  his  contempt,  and  thereupon  such  further  order  shal'i  be  made  as 
shall  be  just. 


Habeas  Corpus  to  County  Palatine  of  L. 

Upon  motion,  &c.  that  the  Defendant  being  in  contempt  to  an  at- 
tachment with  proclamation  for  want  of  his  answer  to  the  Plaintifl"'s 
bill,  directed  to  tlie  chancellor  of  the  county  palatine  of  L.,  or 
his  deputy,  it  appears  by  the  return  thereof,  that  the  said  Defendant 
hath  been  taken  thereon,  and  the  said  Defendant  still  persisting  in  his 
contempt,  it  is  thereupon  ordered,  that  a  habeas  corpus  cum  causis 
do  issue,  directed  to  the  chancellor  of  the  said  county  palatine,  or  his 
deputy,  commanding  him  that  he  by  writ  of  habeas  corpus  cum  causis 
under  the  seal  of  the  said  county  palatine,  do  command  the  sherifi'  of 
the  said  county,  at  the  return  thereof,  to  bring  the  said  Defendant  to  the 
bar  of  this  court,  to  answer  his  said  contempt,  whereon  such  further 
order  shall  be  made  as  shall  be  just. 

It  is  ordered,  that  the  chancellor  of  the  county  palatine  of  L.  do, 
within  six  days  next  after  notice  of  this  rule  to  be  given  to  him,  or  his 
deputy  there,  peremptory  to  return  the  writ  of  issued   between  the 

parlies. 

It  is  ordered,  that  the  sheriff  of  the  county  palatine  of  L.  do, 
within  six  days  after  notice  of  this  rule  be  given  to  his  under-sheriff, 
peremptory  return  the  mandate,  directed  to  Imn  by  the  chancellor  of  the 
county  palatine  of  L.  upon  the  writ  of  issued  between  the  parties. 


Habeas   Corpus  on  Application  of  Sheriff,    Plaintiff  not  applying 
to  bring  Defendant  up. 

Upon  motion,  &c.  that  it  appears  by  the  certificate  of  the  said  she- 
riff, that  the  Defendant  was,  on  taken  into  the  custody  of  the  said 
sherift',  and  is  now  detained  in  the  prison  of  the  said  town  and  county, 
by  virtue  of  an  attachment  issued  against  the  Defendant  for  breach  of  a 
writ  of  execution  of  an  order,  dated,  &c.  for  payment  of  the  sum  of 
£  ,  and  for  no  other  cause  whatsoever.  And  in  default  the 
Plaintiffs  have  not  yet  thought  fit  to  call  on  the  said  sheriff  for  the  return 
of  the  said  writ  of  attachment.  It  was  therefore  prayed  that  a  habeas 
corpus  cum  causis  may  issue,  directed  to  the  said  sherifi]  for  him,  at  the 


616  ORDERS. 

return  thereof,  to  bring  the  Defendant  to  the  bar  of  this  court  to  answer 
his  said  contempt,  which,  upon  hearing  an  affidavit  of  read,  and 

the  said  certificate  read,  is  ordered  accordingly,  and  thereupon  such  fur- 
ther order  shall  be  made  as  shall  be  just. 

Order  for  Injunction  against  Member  of  Parlimnent. 
Forasmuch,  &c.  that  the  Defendant,  who  is  a  member  of  parliament, 
having  been  served  with  a  copy  of  the  Plaintifl[''s  bill,  and  a  subpoena  to 
appear  to  and  answer  the  same,  hath  appeared  accordingly,  but  hath  not 
yet  put  in  his  answer  thereto,  though  his  time  for  so  doing  is  expired, 
and  yet  in  the  mean  time  prosecutes  the  Plaintiff  at  law  for  the  matters 
in  the  bill  complained  of,  and  in  regard  the  Plaintiff  would  have  been 
entitled  to  sue  out  process  of  contempt  against  the  Defendant  for  want 
of  his  answer,  in  case  he  had  not  had  privilege  of  parliament.  It  is 
thereupon  ordered  that,  &c. 


Injunction  to  stay  Proceedings  in  Execution  at  Chester. 
Upon  motion,  &c.  that  by  an  order,  (order  of  reference,)  that  in  pur- 
suance of  the  said  order,  the  said  master  made  his  report,  &c.  (report;) 
and  therefore  it  was  prayed  that  an  injunction  may  be  awarded  for  stay 
of  the  Defendant's  proceedings  in  the  said  court  of  exchequer  at  Chester, 
touching  any  of  the  matters  here  in  question,  until  the  further  order  of 
this  court,  which,  upon  reading  an  affidavit  of  this  motion,  is  ordered 
accordingly. 


Injunction  to  deliver  Possession  and  Deeds  to  the  Plaintiff. 
Upon  motion,  &c.  that  by  the  decree  made  on  the  hearing  of  this 
cause,  it  was,  among  other  things,  ordered  and  decreed  that  the  De- 
fendant should  pay  unto  the  Plaintiff  the  sum  of  £  and  interest, 
together  with  his  costs  of  this  suit,  to  be  taxed  by  the  master,  at  such 
time  and  place  as  the  master  should  direct,  and  in  default  thereof,  that 
possession  of  the  estate  in  question  should  be  delivered  to  the  Plaintifi 
to  hold  the  same,  until  he  was  satisfied  what  should  be  reported  due  to 
him.  That  the  said  master,  by  his  report,  dated,  &c.  which  stands  ab- 
solutely confirmed,  certified  that,  &c.  that  the  said  Defendant  hath  been 
served  with  a  writ  of  execution  of  the  said  decree  and  report,  and  the 
Plaintiff  attended  on  to  receive  the  said  sura  of  £  reported 
due  to  him  as  aforesaid ;  but  the  same  was  not  then,  nor  hath  the  same 
been  since  paid,  as  by  affidavit  appears,  and  the  Defendant  is  in  con- 
tempt to  an  attachment  for  non-payment  of  the  said  sum  oi  £  , 
and  therefore  it  was  prayod  that  an  injunction  may  be  awarded  Xo  put  the 


ORDERS.  617 

Plaintiff  into  possession  of  the  said  estate,  pursuant  to  the  said  decree, 
\vhich  is  ordered  accordingly. 


Injunction  to  deliver  Possessio7i  to  Plaintiff,  Defendant  refusing. 
Upon  motion,  &c.  it  was  alleged,  that  by  the  order  made  on  the  hear- 
ing of  this  cause,  it  was  ordered  that  the  Defendant  should  deliver  pos- 
session of  the  estate  in  question,  and  all  deeds  and  writings  in  his  cus- 
tody or  power  relating  thereto,  to  the  Plaintiff.  That  the  Defendant, 
who  is  in  possession  of  tlie  said  estate,  was  served  W  ith  a  writ  of  execu- 
tion of  the  said  order,  and  the  Plaintiff  required  him  to  deliver  posses- 
sion, which  he  refused  to  do,  as  by  the  affidavit  appears  ;  and  an  attach- 
mfent  having  been  made  out  against  the  said  Defendant,  it  was  therefore 
prayed  that  an  injunction  may  be  awarded  against  the  stlid  Defendant  to 
enjoin  him  to  deliver  possession  of  the  said  estate,  to  the  said  Plaintiffj 
pursuant  to  the  said  decree,  which,  upon  reading  the  affidavit,  is  ordered 
accordingly. 


Order  to  make  Bonds  of  Submissioji   Order  of  Court. 
Whereas  the  Plaintiff  and  Defendant  have   severally  entered    into 
bonds,  &c.  (recite  bonds,)  which  said  bonds  were  duly  executed  as  by 
the  affidavit  of  a  subscribing  witness  thereto,  now  produced  and 

read,  appears.  It  is,  on  the  motion  of  ,  ordered  that  the  said  bonds 
of  submission,  entered  into  as  aforesaid,  be  made  an  order  of  this  court, 
and  that  the  said  parties  do  submit  to,  and  be  finally  concluded  by  the 
award  which  the  said  arbitrators  shall  make,  pursuant  to  the  said  sub- 
mission, according  to  the  statute  in  that  case  made  and  provided. 

Order*  that  Proceedings  in  Pdly  Bag  may  he  made  a  Concilium. 
Upon  motion,  &c.  that  the  Defendant  having  put  in   a  plea  to  Plain- 
tiff's declaration  in  the  Petty  Pag,  the  Plaintiff  hath  demurred  to  such 
plea.     It  was  therefore  prayed  that  the  said  proceedings  may  be  made 
a  concilium,  and  may  stand  in  the  paper  of  ,  to  be  argued  be- 

fore on  .  which  is  ordered  accordinglv. 


Order  as   to  the  Delircry  of  Deeds,  a7id  entering  into    Covenants  for 

ilieir  Production. 

Let  such  of  the  title-deeds  and  v/ritings  as  relate  solely  to  the  estate 

comprised  in  lot  ,  and  also  such  as  relate  to  the  same  estate  jointly 

with  other  estates  of  less  value,  be  delivered  fo  ,  he  submitting  to 

produce  the  last-mentioned  deeds  and  writings  rtn  rip*-pssary  oeeasi<i>hSA 

79 


618  ORDERS. 

and  to  enter  into  covenants  tor  that  purpose,  and  to  give  attested  copies' 
thereof  if  required,  at  the  expense  of  the  party  requiring  the  same  ;  and 
as  to  such  of  the  title-deeds  and  writing:^  as  relate  to  the  estate  com- 
prised in  the  said  lot  jointly  with  other  estates  of  greater  value,  he 
is  to  have  attested  copies,  if  required,  at  the  expense  of  the  estates,  and 
the  persons  entitled  to  such  estates  are  to  execute  to  hirn  the  like  deed, 
or  deeds  of  covenant  to  produce  the  same  on  necessary  occasions;  and 
in  case  any  dispute  shall  arise  between  the  parties,  touching  the  copies 
of  any  particular  deeds  or  writings,  relating  to  the  title,  the  master  is  to 
settle  the  same. 


Order  that  Defendant  mai/  answer  in  Forciifn  Language,  and  far 
Notari/  Public  to  translate  the  same.  Notice  to  be  given  to  Pluin- 
tijf's  Clerk  in  Court. 

Upon   motion,  &c.   that   Plaintifl'  having  exhibited  his  bill  into  this 
Court  against  the  Defendant  who  lives  at  ,  in  the  kingdom  of  , 

he  hath  appeared  thereto,  and  hath  obtained  an  order  for  a  conamission 
for  taking  his  answer  at  ,  and  such  commission  halh  issued  accord- 

ingly. Tiiat  the  Defendant  doth  not  understand  the  English  language, 
and  therefore  it  was  prayed  that  the  Defendant  may  be  at  liberty  to  swear 
his  answer  in  the  language,  and  that  a  notary  public  may  be  ap- 

pointed to  translate  the  same  into  the  English  language,  and  that  he  may 
be  sworn  to  the  true  translation  thereof,  and  that  such  translation  may 
be  filed  with  the  Defendant's  other  answer,  wliich  is  ortlercd  accord- 
ingly;  but  notice  hereof  is  first  to  be  given  to  the  Plainliffs  clerk  in 
court. 


Order  for  order  (f  House  of  Lords  to  he  made  order  of  Court. 

Whereas  by  an  order  of  made  by  the  Right  Hon.  the  Lords 

Spiritual  and  Temporal  in  parliament  assembled,  after  hearing  counsel 
on  the  day  of  upon  the  petition  and  appeal  of 

complaining  of  an  order  of  this  Court,  dated  it  wa5 

ordered  and  adjudged  by  the  said  Lords  Spiritual  and  Temporal,  that 
(jstatc  order  of  House  of  Lords)  now  upon  motion,  &c.  and  upon  pro- 
ducing the  said  order  of  the  House  of  Lords,  it  was  prayed  that  the 
said  order  of  the  House  of  Lords  may  be  made  an  order  of  this  Court, 
which,  upon  hearing  of  Mr.  of  counsel  fur  is  ordered  accord- 

ingly ;  and  it  is  hereby  referred  to  Mr.  one  of  the  masters  of  this 

court  to  settle  the  issues  in  case  the  parties  difibr  about  the  same. 


ORDERS.  619 

Order  to  produce  a    Person,   pretended  to  he  cdive  at   Church   Porch^ 
pursuant  to  the  Act,  in  Cases  of  reversionary  Estates. 

Forasmuch,  &c.  that  the  said  is  entitled  to  the  immediate  reversion 
of  after  the  death  of         who  as  the  said         hath  good  reason  to 

believe  is  dead,  and  that  his  death  is  concealed  by  as  by  affidavit 

appears.     It  is  thereupon  ordered  that  the  said  having  notice 

hereof,  do  produce  the  said  for  whose  life  the  said  estate  is  held,*  to 
the  said  at  the  church-door  of  in  the  county  of  on 

the  day  of  betwixt  the  hours  of  and  of  the  clock, 

in  the  forenoon  of  the  same  day,  according  to  the  statute  in  that  case 
made  and  provided,  made  in  the  sixth  of  Queen  Anne,  intituled  "  An  act 
for  the  more  effectual  discovery  of  the  deaths  of  persons  pretended  to  be 
alive,  to  the  prejudice  of  those  who  claim  estates  after  their  deaths. '"'t 

*  If  there  are  more  lives  than  one,  say,  "  or  such  of  ihem  as  are  now 
Kving." 

t  It  is  necessary  that  three  orders  should  be  served — the  first  as 
above;  the  second  to  produce  the  person  to  commissioners  to  be  named 
in  the  order  ;  the  third  declares  he  ought  to  be  deemed  dead. 


Order  to  see  if  Answer  taken  regularly  or  not. 
Forasmuch,  &c.  that  the  Defendant  having  obtained  a  commission 
for  taking  his  answer  to  the  Plaintiff's  bill  hath  returned  the  same  with- 
out giving  notice  to  the  Plaintiff  of  the  time  of  taking  such  answer, 
which,  as  the  Plaintiff  is  advised,  is  irregular.  It  is  thereupon  ordered, 
that  it  be  referred  to  Mr.  &c.  to  examine  and  certify  whether 

the  said  Defendant's  said  answer  be  taken  regularly  or  not. 

Refer  Interrogatories,  being  leading. 
Forasmuch,  &c.  that  Plaintiff  having  exhibited  interrogatories  for  the 
examination  of  witnesses  in  this  cause,  the  Defendant  is  advised  that 
such  interrogatories  are  leading.  It  is  thereupon  ordered  that  it  be  re- 
ferred to  Mr.  one,  &c.  to  look  into  the  said  interrogatories,  and 
certify  whether  the  same  be  leading  or  not. 


Refer  to  see  if  Plaintiff  proved  suggestions  in  Certiorari  Bill._ 

Upon  motion,  &c.  that  Plaintiff  having  brought  his  certiorari  bill  to 
remove  a  cause,  wherein  the  now  Defendant  was  Plaintiff,  and  the  na\v 
Plaintiff  was  Defendant,  from  the  Lord  Mayor's  Court,  and  Plaintiff 
having  entered  into  a  bond  wifli  security,  according  to  the  course  of  t!ic 
Court,  to  prove  the  suggestions  of  the  said  bill,  wherein  the  same, 
limited  for  that  purpose  obtained  an  order,  dated  to  enlarge. 


620  ORDEKii. 

the  time  for  a  fortnight,  which  expires  this  day.  That  Piaintift'  hath 
exhibited  interrogatories,  and  examined  witnesses,  to  prove  the  sugges- 
tions in  his  said  bill,  according  to  the  said  bond,  and  that  the  said  depo- 
sitions of  Plaintiff's  witnesses  be  published  forthwith,  and  that  both 
sides  be  at  liberty  to  take  copies  thereof,  and  that  Plaintiff  have 
days  further  time  to  procure  the  master's  report. 


Special  Election, 
Upon  opening,  &c.  that  the  Defendant  on  obtained  an  order, 

that,  &c.  that  the  Plaintiff  is   advised  to  make  his  election,  to  proceed 
at  law  for  and  in  this  Corr:  for  and  therefore  it  was  prayed, 

that  the  Plaintiff  may  now  be  ?.t  liberty  to  make  his  special  election, 
notwithstanding  the  said  order  of  ,     Whereupon,  and  upon 

hearing,  Szc.  it  is  ordered,  that  the  Plaintiff  do  accpxding  to  his  election 
no\v  made  in  Court,  &c. 


Order  for  Serjeant  at  Arms,  on  Appearance  entered,  and  Answer  re- 
ported insufficient. 

Upon  motion,  &c.  that  by  an  order,  dated,  &c.  it  was  ordered  (order 
to  Serjeant  at  arms)  that  Defendant  accordingly  entered  such  his  ap- 
pearance with  the  register,  and  put  in  his  answer  which  hath  been  re- 
ported insufficient  by  Mr.  &c.  as  by  the  said  master's  report,  dated, 
&c.  appears.  That  on,  &c.  the  Defendant  was  served  with  a  subpoena 
to  make  a  better  answer,  notwithstanding  which  he  hath  not  put  in  a 
further  answer,  though  his  time  for  so  doing  is  expired.  It  was  there- 
fore prayed  that  the  serjeant  at  arms  attending  this  Court  may  apprehend 
the  Defendant  and  bring  him  to  the  bar  of  this  Court,  to  answer  his 
contempt,  which  is  ordered  accordingly,  and  thereupon  such  further 
order  shall  be  made  as  shall  be  just. 


Sequestration,  where  Defendant  appeared  without  being  served. 

Upon  motion,  &c.  that  Defendant,  who  is  a  member  of  parliament 
hath  appeared  to  the  Plaintiff's  bill,  hut  hath  not  put  in  his  answer 
thereto,  though  his  time  for  so  doing  is  expired.  It  is  thereupon  order- 
ed, &c.  (words  of  seq.  nisii) 

Order  for  Service  of  Subpoena  on  Defendants  Clerk  hi  Court  may  be 
good  Service,  Defendant  being  Abroad. 

Upon  motion,  &c.  that  Defendant  having  exhibited  his  original  bill  in 
this  Court  against  Plaintiff  jn  this  cause,  Plaintiff  appeared  thereto,  and 


ORDERS.  621 

exhibited  his  cross  bill  against  the  said  Defendant,  and  hath  taken  out 
process  of  subpoena  to  compel  him  to  appear  to  and  answer  the  same. 
That  the  said  Defendant  lives  in  parts  beyond  the  seas,  as  by  affidavit 
appears  ;  and  therefore  it  was  prayed,  that  service  of  said  subpoena  on 
the  said  Defendant's  clerk  in  Ceurt  may  be  deemed  good  service  on  the 
said  Defendant,  which  upon  reading  the  said  affidavit  is  ordered  ac- 
cordingly. 


Sequestration  Nisi  against  Member  of  Farliament  for  Non-payment  of 

Money. 
Upon  motion,  &c.  that  who  is  a  member  of  parliament  hath  been 

served  with  a  subpoena  for  payment  of  the  sum  of  costs  taxed,  pur- 

suant to  the  decree  in  this  cause  ;  but  the  said  refuses  to  pay  the 

said  sura  of  ,£  as  by  the  affidavit  of        now  produced  and  read  ap- 

pears.    It  is  thereupon  ordered  that  a  commission  of  sequestration  do 
issue,  &c.  (take  usual  words)  until  the  said  shall  pay  the  said  sum 

o(  £  and  this  Court  make  other  order  to  the  contrary,  unless,  (fee. 

(nstial  icords.) 


Order  for  a  Notary  Public  to  translate  Proceedings  and  Exhibits, 

Upon  motion,  &c.  that  the  Plaintiff  having  examined  several  witnesses 
in  in  this  cause,  several  of  the  Plaintiff's  exhibits  and  proceedings 

are  written  in  the  language  ;  and  therefore  it  was  prayed,  that 

such  of  the  said  proceedings  and  exhibits  as  are  wrote  in  the  lan- 

guage may  be  delivered  to  a  notary  public  in  order  to  translate  the  said 
several  proceedings  and  exhibits  into  the  English  language,  that  the  said 
may  be  sworn  to  the  true  translation  thereof,  and  that  such  trans- 
lation may  be  read  at  the  hearing  of  this  cause,  which  is  ordered  accord- 
ingly, saving  all  just  exceptions. 


Witness  to  attend  to  be  examined,  or  stand  committed. 

Upon  motion,  &c.  that  is  a  material  witness  for  the  Plaintiff  in 

tliis  cause,  and  hath  been  served  with  a  subpoena,  returnable  immediately, 
to  attend  and  be  examined  as  a  witness  for  the  Plaintiff  in  this  cause, 
as  by  affidavit  now  produced  and  read  appears,  notwithstanding  which 
the  said  hath  not  attended  to  be  sworn  find  examined,  as  by  the  exa- 
miner's certificate  now  also  produced  and  read  appears.  It  is  thereupon 
ordered  that  the  said  do,  in  four  days  after  personal  notice  hereof, 

attend  and  be  sworn,  and  examined  as  a  witness  for  the  Plaintiff  in  tiiis 
cause,  or  in  default  thereof,  that  the  said  do  stand  committed  to  the 

j^rison  ei  the  Fleet. 


622  ORDERS. 

Order  for  Costs  of  Reference  to  be  taxed. 
Upon  motion,  &c.  that  by  an  order  bearing  date,  Sic.  it  was  ordered 
that,  &c.  in  pursuance  whereof  the  said  master  by  his  report,  bearing 
date,  &c.  certified,  &c.  It  is  thereupon  ordered  that  it  be  referred  back 
io  the  said  master  to  tax  the  Plaintiff  his  costs,  occasioned  by  the  said 
reference,  which  is  ordered  accordingly. 


Appeal,  if  from  the  whole  Decree,  in  the  Form  folloioing. 

This  cause  coming,  &c.  and  the  pleadings  in  the  cause  being  then 
read,  and  the  scope  of  the  bill  being,  &c.  the  Plaintiff  by  his  bill  for 
that  purpose  charging,  &c.  and  the  Defendant  by  his  answer  setting 
forth,  &c.  upon  debate  of  the  matter,  &c.  his  Honor  did  order  and 
decree,  &c.  with  which  said  decree  the  conceiving  himself  ag- 

grieved, did,  on  prefer  his  petition  of  appeal  unto  setting 

forth,  &c.  and  therefore  praying,  &c.     Whereupon  it  was  ordered,  &c. 
that  the  said  deposit  being  made,  and  the  cause  coming  on  this  present 
day  to  be  heard,  accordingly  on  the  said  petition  of  appeal 
accordingly,  before  in  the  presence  of  counsel  learned  on  both 

sides,  arid  the  pleadings  in  the  cause  being  again  opened  upon  debate  of 
the  matter  and  hearing,  &c.  his  Lordship  dolh  order,  &c. 

If  the  appeal  be  from  part  only  of  the  decree,  state  the  petition  of 
appeal  only. 


Order  for  Discharge  of  Party  from  Sheriff's  Custody,  he  being  inte- 
rested in  the  Suit  then  before  the  Court. 
Complaint  being  this  day  made  to  the  Right  Hon.  the  Master  of  the 
Rolls  by  Mr.  as  counsel  for  the  Plaintiffs  in   this  cause,  that  on 

yesterday  the  the  Plaintiff  E.  H.  on  leaving  this  court, 

when  this  cause  was  partly  heard,  was  arrested,*  and  the  said  Plaintift' 
E.  H.  being  present  in  court  in  custody  of  W.  J.  A,  one  of  the  officers 
of  the  sheriff  of  Middlesex,  who  arrested  her,  and  the  said  Plaintiff 
being  sworn  and  examined,  and  deposing  that  she  is  one  of  the  Plaintiflk 
in  this  cause,  and  that  on  her  return   she  was  and  before 

she  got  home  she  was  arrested  by  the  said  W.  J.  A.  by  virtue  of  a 
warrant  from  the  sheriff  of  Middlesex,  at  the  suit  of  the  Defendant 
D.  R.  for  a  debt  of  £  and  the  said  warrant  being  produced  in  court, 
it  is  thereupon  ordered  that  the  said  Plaintiff  E.  H.  be  forthwith  dis- 
^arged  out  of  custody. 

*  It  is  said  that  every  parly  has  a  right  of  privilege  to  go  and  hear  his 
Own  cause  determined,  and  return  home  from  court  unmolested. 


ORDERS.  623 

Order  for  Accoiaitant- General  to  tramfcr  Orphan  Stock. 
Let  the  accountant-general  assign  to         the         orphan-stock,  stand- 
ing hi  his  name,  in  trust  in  this  cause,  and  let  the  deep-pool,  dated 
being  an  assignment  of  the  said  orphan-stock  from  to  the  said 

accountant-general,  upon  the  trusts  therein   mentioned,  and  also  a  me- 
morandum note  of  the  said  assignment,  dated  the  same  day,  signed  by 
clerk  to  the  City  Remembrancer,  which  in  pursuance  of  an 
order  of  were  deposited  in  the  bank  with  the'.J  privity  of  the  said 

accountant-general  for  the  purposes  in  the  said  order  mentioned,  be  de- 
livered out  of  the  bank  to  the  said 

Order  for  Sheriff's  Officer  to  attend  for  arresting  a  Suitor  while  attend- 
ing the  Cawt. 
Whereas  Mr.  L.  as  counsel  for  R.  A.  B.  this  day  moved  the  Right 
Hon.  the  Lord  High  Chancellor  of  Great  Britain,  that  the  said  R.  A.  B., 
who,  on  the  day  of  ,  was   arrested  by  J.  L.,  the  offi- 

cer for  the  sheriff  of  Middlesex,  in  an  action  at  the  suit  of  S.  H.  gen- 
tleman, might  be  discharged  out  of  the  custody  of  the  said  sheriff;  for 
that  the  said  R.  A.  B.,  at  the  lime  of  such  arrest,  was  returning  home 
from  this  court  after  his  attendance  as  Plaintiff,  on  a  motion  made  in  a 
cause  depending  therein,  wherein  he  was  Plaintiff,  and  H.  and  others 
were  Defendants ;  or  that  the  said  J.  L.  might  bring  the  said  Mr.  B. 
into  this  court,  whereupon,  and  upon  hearing  an  affidavit  of  the  said 
R.  A.  B.  read,  his  lordship  doth  order  that  the  sheriff  for  the  county  of 
M.  do  attend  with  the  said  R.  A.  B.  in  this  court  to-morrow  at  the  sit- 
ting thereof. 


Order  directing  Estates  (directed  to  be  sold  by  the  Decree)  to  be  sold  bi/ 

Public  Auction. 
It  is  ordered  that  the  estates  (directed  by  the  said  decree  to  be  sold)  be 
sold  by  public  auction,  by  such  person  or  persons,  at  such  time  or  times, 
place  or  places,  and  in  such  manner  as  the  said  master  shall  appoint,  to 
the  best  purchaser  or  purchasers  that  can  be  got  for  the  same;  and  it  is 
ordered  that  the  biddings  for  the  said  estates  be  laid  before  the  said  raasr 
ter  for  his  approbation. 


0rder  for  Plaintiff  to  shctv   Cause  why  Injunction  should  not  be  dis- 
solved,  if  Exceptions  to  Answer  be  over-ruled. 
Upon   motion  of  Mr.   H.    of  counsel    on   behalf  of  the   Defendant, 
praying  that  in  case  the  exceptions  taken  by  the  Plaintiff  to  the  said 
Defendant's  answer,  should,  on  arguing  thereof,  or  otherwise,  be  over- 


624 


ORDERS. 


ruled  by  the  court,  that  the  Plaintifl"  might  at  the  same  time  shew  cause 
on  the  merits  disclosed  by  the  Defendant  in  his  said  answer,  why  the 
injunction  formerly  granted  in  this  cause  sliould  not  be  dissolved.  It  is 
hereby  ordered  by  the  court  as  prayed. 


Order  for  a  Trial  at  Bar  by  a  Special  Jury,  and  for  a  View,  on  a 
View  of  the  Locus  in  Qito. 

Let  Plaintiff,  P.  and  Defendants,  proceed  to  a  trial  at  bar  in  the 
court  of  King's  Bench,  next  term,  or  at  such  time  as  that 

court  shall  think  fit,  by  a  special  jury  of  the  county  of  S.  on  this  issue, 
whether,  &c. 

And  the  sheriff  of  the  county  of  S.  is  to  attend  the  master  with  his 
book  of  freeholders,  whereout  the  names  of  forty-eight  persons  are  to 
be  taken,  and  each  is  to  be  at  liberty  to  strike  out  twelve,  and  the  re- 
maining twenty-four  are  to  stand,  and  be  returned  on  the  jury,  and  six 
of  the  jury  are  to  have  a  view  of  the  premises. 

And  the  Plaintiff  P.  is  to  be  Plaintiff  at  law,  and  the  master  is  to  set- 
tle the  issue  if  the  parties  differ. 

And  to  the  end  said  trial  may  be  had,  Defendants  are  forthwith  t© 
name  an  attorney  to  accept  a  declaration  to  appear  and  plead  to  issue. 

And  let  both  sides  prdducc  before  the  master  all  deeds,  &c.  and  either 
side  is  to  be  at  liberty  to  inspect  and  take  copies  thereof  at  their  own 
expense. 

And  such  of  them  as  eitlier  side  shall  give  notice  for  are  to  be  pro- 
■duced  at  said  trial.  And  after  said  trial  shall  be  had,  either  party  is  to 
be  at  liberty  to  apply  to  the  court  for  further  directions. 


Order  for  a  Trial  at  Late. 

Doth  decree  that  the  parties  do  proceed  to  a  trial  at  law  in  the  court 
of  King's  Bench,  in  London,  at  the  sittings  in  the  next  term,  or  at  such 
other  time  as  the  lord  chief  justice  of  that  court  shall  appoint,  in  action 
of  trover  to  be  brought  by  Plaintiff  against  the  Defendant  T.  for 
packs  of  woollens  in  question  in  this  cause,  and  the  said  W.  T.  is  to  name 
an  attorney,  and  appear  and  accept  a  declaration,  and  plead  the  general 
issue;  and  in  order  that  tlie  property  of  said  goods  may  be  tried  on  such 
trial,  said  Defendant  is  to  admit  that  the  goods  in  question  came  to  his 
hands,  and  also  to  admit  a  demand  and  refusal. 

And  it  is  further  ordered,  that  all  proceedings  under  said  commission, 
and  all  other  book?,  &c.  be  produced,  cVc.  on  or  before 
next,  as  said  master  shall  direct,  and  either  side  is  to  be  at  liberty  to  take 
topics  thereof  at  their  own  expense. 


OKDER^.  0^ 

And  it  IS  ordered  that  such  copies  tliercof  ha  produced  at  trial  as 
either  side  desire,  and  give  notice  thereof  in  writing.  Further  considera- 
tion until  after  trial. 


0}-der  for  Trial  at  Law  In  Ejectment,  and  for  Defendants  to  confess 
Lease,  Entry,  and  Ouster. 

Let  all  parties  proceed  to  a  trial  at  law  at  the  next  assizes  for  the 
county  of  S.  in  an  ejectment  upon  the  demise  of  the  now  Plaintifl',  aiwi 
Defendants  to  name  an  nllorney  to  appear  to  the  ejectment,  and  to  enter 
into  the  common  rule  to  confess  lease,  entry,  and  ouster. 

And  let  the  original  lease.  Stq..  all  deeds,  Szc,  bp  produced,  and  reserve 
all,  &c. 


Order  for  a  Trial  at  Law  to  ascertain  whether  and  when  a  Person  be- 
came Banhrupt. 

Let  the  parties  proceed  to  a  trial  at  law  upon  this  issue,  whether  M.  P. 
did,  on  or  before  commit  any  act  of  banhruptcy  within 

the  intent  and  meaning  of  the  several  statutes  relating  to  bankrupts,  or 
any  of  them,  and  if  the  jury  shall  find  he  did  not  commit  any  act  of 
bankruptcy  on  or  before  that  day,  and  that  he  committed  an  act  of  bank- 
i'uptcy  at  any  time  afterwards,  in  such  case  the  particular  time  when  hp 
committed  such  act  of  bankruptcy  is  to  !)e  indorsed  on  the^^os^ea. 

And  Plaintiff  here  is  to  be  Plaintifi'at  law,  &:c.  f^c. 

Order  for  a  Trial  at  Law. 

Doth  order  that  the  parties  do  proceed  to  a  trial  at  law   at  the  next 
assizes  for  die  county  of  Y.  upon  the  following  issues,  whe- 
ther, &c. 

And  it  is  further  ordered,  tliat  Plaintlft'.  the  mayor  and  commonalty  of 
the  city  of  Y.  be  Plaintiff  at  law,  and  it  is  hereby  referred  to  Mr. 
&c.  to  settle  the  issues  in  case  the  parties  difier  about  the  same ;  and   to 
the  end  such  trial  may  be  had,  Defendants  are  forthwith   to  name  an  at- 
torney to  accept  a  declaration,  and  ap|)ear  and  plead  to  issue. 

And  in  case  on  said  trial  the  jury  shall  liad  any  particular  rightj 
though  varying  in  some  circumstances  from  the  issues  as  laid,  it  is  or- 
dered that  the  same  be  indorsed  on  the  postea. 

Further  directions  reserved,  &c.  ;  liberty  for  either  party  to  apply. 


Order  to  retain  Bill,  with  Liberty  to  bring  Action  at  Law. 
Let  the  Plaintiff's  bill  be  retained  for  months,  and  in  the  mean- 

lime  Plaintiff,  is  to  be  at  liberty  to  bring  his   action   against  Defendant 

80 


G26  ORDERS. 

for  whatis  due  to'  liiin  for  the  matters  complained  of  in  bill,  and  the 
same  is  to  be  tried  at  the  next  assizes  for  the  county  of  S. 

And  both  sides  are  to  produce  before  Mr  S.  one,  iSrc.  upon  oath,  all 
books,  &c.  on  or  before,  &:c.  either  side  to  take  copies,  Sec. ;  and  such 
of  them  as  either  side  shall  give  notice  for  are  to  be  produced  at  said 
trial. 

And  in  default  of  Plaintiff's  bringing  such  actions,  and  proceeding  to 
trial  by  the  time  aforesaid,  then  it  is  ordered,  that  Plaintiff's  bill  do 
stand  dismissed  out  of  this  court,  with  costs,  to  be  taxed  by  said 
master. 

But  in  case  Plaintiff  shall  bring  such  action,  and  proceed  to  trial 
as  aforesaid,  then  the  court  will  reserve  the  consideration  of  all  fur- 
ther, &c. 


Order  recommending  a  Prosecution  for  Forgery. 

His  Lordship  declared,  he  was  of  opinion  that  the  account  produced 
befoi'e  him,  dated,  &c.  is  a  forged  account,  and  recommended  it  to 
Plaintiff  to  prosecute  said  Defendant  for  forging  said  account,  or  pub- 
lishing same,  knowing  it  to  be  forged. 

And  said  account  being  filed  in  the  ofiice  of  the  register  for  filing 
affidavits  in  this  court,  annexed  to  the  affidavit  made  by  said  J.  H.  it 
is  ordered,  that  same  be  carefully  preserved  in  tiie  affidavit-office,  to 
the  end  it  may  be  forthcoming  in  case  any  prosecution  shall  be  carried 
on  against  the  said  Defendant,  or  any  other  person  forging  the  same. 

And  that  the  proper  officer  in  the  said  office  do  attend  with  the  said 
account,  on  any  trial  to  be  had  for  such  forgery,  being  paid  his  fees  for 
such  attendance. 


Order  to  lay  out  Residue  of  persotial  Estate  in  Vurchaae  of  Lands,  and 
in  the  mean  time  in  South  Sea  Annuities,  and  LUerest  to  go  as  Rent  of 
Lands  udien  purchased. 

Let  the  clear  surplus  of  such  personal  estate  be  with  the  approbation 
of  the  master  laid  out  in  the  purchase  of  good  lands  and  heritage  in  that 
part  of  Great  Britain  called  S.  pursuant  to  the  directions  of  said  will, 
and  let  such  lands  and  heritages,  when  purchased,  be  settled  with  the 
approbation  of  said  master  upon  siicli  persons,  and  to  such  uses, 
intents,  and  purposes,  and  with  the  same  remainders  over,  and  upon 
the  same  trusts,  and  under  the  same  restrictions,  and  subject  to  the  pay- 
ment of  the  same  sum  or  sums  of  money  as  are  mentioned  and  com- 
prised in  the,  &c.  In  the  mean  time  and  until  such  purchase  can  be 
made,  let  such  surplus  of  the  said  testator's  estate  be  placed  out  at 


ORDERS.  627 

interest,  from  time  to  time,  on  government,  or  real  secarities,  with  tlie 
approbation  of  the  master,  in  the  names  of,  &c.  they  declaring  the 
trusts  thereof  according  to  the  said  will,  and  let  the  interest  and  divi- 
dends arising  thereon  be  paid  and  applied  to  such  persons,  and  to  the 
same  uses,  intt^nts,  and  purposes,  as  the  lands  and  heritages  ought  to 
be  according  to  the  said  testator's  will. 


Order  to  continue  Securities,  tvJiich  the  Master  shall  approve,  and  to  put 

others  in  Suit. 

Let  the  master  look  into  the  securities  on  which  any  part  of  the  said 
testator's  personal  estate  is  invested  ;  and  let  such  part  thereof  as  the 
master  shall  approve  of  be  continued  ;  and  let  the  money  due  on  such  part 
thereof  as  the  master  shall  think  unfit  to  be  continued  be  called  in ; 
and  let  the  master  appoint  a  proper  person  for  that  purpose,  and  make 
him  a  reasonable  allowance  in  respect  thereof;  and  let  such  of  the  said 
securities  as  the  master  shall  think  proper  to  be  put  in  suit  accord- 
ingly in  the  names  of  said  executors,  they  being  indemnified  out  of  said 
estate. 


Order  where  Infants'  Money  has  heen  laid  out  in  a  Purchase,  such  pur- 
chased Estates  to  be  considered  as  personal  Estate. 

Let  the  master's  report  be  confirmed,  and  let  the  estates  therein  men- 
tioned be  conveyed  to  trustees,  to  be  approved  of  by  said  master,  in 
trust  for  PlaintifT,  Sir  B.  B.  his  executors,  administrators,  and  assigns, 
and  let  such  conveyances  be  settled  by  said  master,  and  declare  that  said 
trustees  are  to  stand  seised  of  said  estates  in  trust  for  said  Plaintiff,  Sir 
B.  B.  his  executors,  administrators,  and  assigns,  as  part  of  his  personal 
estate ;  and  in  case  Plaintiff  shall  live  to  attain  the  age  of  twenty-one 
years,  then  and  in  such  case,  let  the  trustees  convey  and  assure  the  said 
promises  to  Plaintiff,  his  heirs  and  assigns  for  ever. 


Order  to  continue  such  Securities  as  the  Master  shall  approve,  and  put 

ot Iters  in  Suit. 

And  let  the  master  inquire  what  part  of  the  said  testator's  estate  is 
standing  out  upon  securities,  and  what  debts  are  owing  to  the^'ai"  estate, 
and  whether  any  and  which  of  them,  are  proper  to  be  called  in  or  con- 
tinued;  and  let  such  of  them  as  the  master  shall  find  are  proper  to  h<i 
continued  accordingly,  and  such  of  them  as  the  master  shall  find  are 
proper  to  be  called  in  with  the  approbation  of  the  said  master,  and  if  it 
shall  be  necessary  to  put  any  of  fhem  in  suit,  let  the  same  be  put  in 


628 


ORDEKS. 


suit  accordingly,  in  the  name  of  the  Defendant  E.  C  tiie  executrix,  auu 
let  her  be  indeninified  therein  out  of  the  said  testator's  estate. 


Order  for  a  Corporation  to  produce  Boohs,  and  the  OJice/stobe  examined 
upon  Interrogatories. 
And  for  tlie  better  clearing  said  accounts,  all  parties  are  to  produce 
all  books,  &c.  in  the  custody  or  power  of  them,  or  any  of  them,  respec- 
tively, as  said  master  shall  direct,  and  such  of  them  as  shall  be  produced 
by  Plainlifls  are  to  be  produced  by  them  respectively  upon  oath,  and 
such  of  them  as  shall  be  produced  by  DeA^ndants,  the  chaiitable  corpo- 
ration, are  to  be  produced  upon  the  oath  of  tlicir  proper  officer  or 
officers  respectively,  and  Defendants,  or  such  conimiftee  of  men  or 
officers  of  said  corporation  as  Plaintiff  shali  require,  and  said  master 
shall  direct,  are  to  be  examined  upon  interrogatories  relating  to  the  mat- 
ters in  question,  or  any  of  them. 


Order  to  refer  Matters  in  Difference  to  Arbitrators  and  Umpire. 
Let  all  matters  in  difference  between  the  matters  be  referred  to  arbi- 
tration and  determination  of  T.  T.  and  S.  S.  and  they  to  make  their 
award  on  or  before,  &c.  and  in  case  they  shall  not  agree,  they  are  to 
name  an  umpire,  and  he  is  to  make  his  unipirage  on  or  before,  Sec.  and 
both  parties  are  to  produce  all  books  and  papers  relating  to  the  matters 
in  question,  in  their  custody  or  power,  before  the  arbitrators  and  um- 
pirage respectively,  or  such  of  them,  as  the  arbitrators  and  umpire  shall 
respectively  direct,  to  be  ascertained  by  tiie  oath  of  the  respective 
parties  producing  same  ;  and  tiie  award  or  tnnpire  is  to  be  made  an 
order  of  this  Court,  and  no  bill  in  equity  is  to  be  brought  against  the  arbi- 
trators or  umpire. 

Order  for  a  Will  to  he  delivered  out  of  the  Prerogative  Court  in  order 
to  be  prored  on  a  Convniscion. 
Upon  opening  the  matter  the  present  day,  &:c..  by  Mr.  M.  of  counsel 
for  the  Defendant  T.  A.  it  was  alleged,  that  this  cause  came  on  to  be 
heard  the,  &c.  and  it  was  oidercd,  that  the  same  should  stand  over,  with 
liberty  for  the  Defendant  T.  A.  to  prove  the  will  of  W.  A.  dated,  &c. 
made  and  executed  by  him  at  B.  in  France,  whereof  Defendant  T.  A. 
is  the  only  devisee  and  executor ;  that  said  Defendant,  on  the  death  of 
said  testator  proved  the  will  in  common  form,  and  thereupon  said  testator's 
original  will  was  deposited  in  the  prerogative  Court  of  C. ;  that  W.  one 
of  the  witnesses  to  said  will,  is  master  of  a  packet-boat  which  goes  from 
D,  to  C.  and  13.  jq  F.,  and  il.  0)ie  of  the  other  witnesses  to  said 


OJIDF.RS.  62d 

«ill  now  resides  at  B.  aforesaid,  and  B.  the  otlier  witness,  lives  in 
L. ;  that  a?;  the  said  Defendant  T.  A.  cannot  get  said  W.  up  to  L.  or 
said  II.  to  come  over  from  B.  it  is  necessary  that  he  should  have  a 

commission  to  be  executed  at  D.  and  B.  in  order  to  examine  said  wit- 
ness to  prove  Eaid  will,  at  which  commission  it  will  be  necessary  that  the 
said  will  be  produced  ;  and  it  being  customary  in  such  cases  for  the  pre- 
rogative office  to  deliver  out  original  wills,  to  be  proved  at  places  distant 
on  taking  !)ond  from  one  or  more  suflicient  persons,  in  a  reasonable 
penalty,  to  return  same,  said  Defendant,  T.  A.  hath  applied  to  the  re- 
gister and  record  keeper  of  said  Prerogative  Court,  to  have  said  will 
delivered  out  accordingly ;  but  they  refuse  to  deliver  out  same  upon  any 
security,  but  insist  upon  sending  a  messenger  of  their  own  with  it,  which 
will  put  said  Defendant  to  a  considerable  expense  ;  it  was  therefore 
prayed  that,  &c.  whereupon  iiearing,  &c.  doth  order,  that  said  De- 
fendant, T,  A.,  be  at  liberty  to  take  out  a  commission  for  examination  of 
liis  witnesses,  at  B.  and  D.  aforesaid  to  prove  said  will,  and  that  Plaintiff 
and  the  other  Defendants  in  this  cause  do  join  in  commission  and  strike 
commissioners'  names  within  six  days  after  notice  hereof;  and  in  default 
tliereof,  that  said  Defendant  T.  A.,  be  at  liberty  to  sue  out  such  com- 
mission directed  to  his  own  commissioners;  and  it  appearing  that  the 
Defendant  T.  A.  is  the  only  devisee  who  can  claim  any  real  estate  under 
said  will,  it  is  ordered,  that  the  original  will  be  delivered  out  by  the  pro- 
per officer  of  the  Prerogative  Court,  to  a  proper  person  to  be  named  by 
the  said  Dclendant,  in  order  to  be  proved  at  said  commission,  such  per- 
sonjfirst  giving  security,  to  be  approved  of  by  the  judge  of  the  Prerogative 
Court,  to  return  same  in  from  the  delivery  thereof  to  him. 


Order  for  the  like  purpose. 

Upon  opening,  &c.  by  Mr.  Attorney-General,  of  counsel  for  Plaintiffs 
and  Defendants  in  this  cause,  it  was  alleged  that  W.  R.,  having,  in  his 
life-lime,  contracted  several  debts  on  the  ,  made  his  will,  and  there- 

by devised  to  Defendant  L.  H.  and  \V.  R.  his  son,  ail  his  real  estate,  in 
trust  to  be  sold  for  payment  of  his  debts,  and  appointed  ihem  executors, 
and  died  in  ;  soon  after  which  Defendants,  his  executors,  proved 

the  same  in  common  form,   and   thereupon  said  Testator's  original  will 
was   deposited  in  the  prerogative  office ;  and   that  Plaintiffs,  in 
term,  ,  exhibited  their  bill  in  this  court  against  Defendants,  for 

an  account  of  personal  estate,  and  to  have  said  will  proved,  and  Testa- 
tors real  estate  sold  for  payment  of  his  debts,  to  which  said  Defendants 
have  appeared,  and  put  in  their  answers,  and  Plaintiffs  have  replied,  and 
the  cause  being  at  issue,  a  commission  issued  for  the  examination  of 
witnesses  iy  the  county  of  ,  at  which  commission  it  will  be  ne- 


630  ORDERS. 

cessary  to  have  said  Testator's  will  proved,  in  regard  Defendant  R., 
who  is  heir  at  law  to  said  Testator,  is  an  infant,  and  it  being  customary, 
in  such  cases,  for  the  prerogative  office  to  deliver  out  original  wills,  to  be 
proved  in  the  country,  oh  taking  bond  from  one  or  more  sufficient  per- 
sons, in  a  reasonable  penalty,  the  parties  in  this  cause  have  applied  to 
the  regi>;tors  of  the  Prerogative  Court  to  have  the  same  delivered  out  ac- 
cordingly, but  they  refuse  to  deliver  out  same  on  any  security,  but  insist 
to  send  a  messenger  of  their  own  with  it,  whirh  will  put  the  parties  to  a 
considerable  expense  ;  and  in  regard  Testator's  estate  is  not  sufficient  for 
payment  it  was  therefore  prayed  that  the  registers  of  the  Prerogative 
Court,  or  their  deputy,  may  forthwith  deliver  out  said  original  will,  in 
order  that  same  may  be  proved  at  said  commission,  upon  giving  suf- 
ficient security  to  bring  back  and  re-deliver  same  unto  said  office,  in  six 
weeks  Whereupon,  and  upon  hearing  Mr.  Solicitor-General,  of  coun- 
sel for  the  register  of  the  Prerogative  Court,  an  order  in  a  cause  of  L., 
against  D.,  dated  ;  an  order  in  a  cause,  B.  against  B.,  dated  ,  and 
an  order  S.  against  B.  dated  ,  read,  and  what  was  alleged  by  the 

counsel  for  said  parties,  his  Lordship  doth  order,  that  said  original  will 
be  delivered  oat  by  the  proper  officer  of  the  Prerogative  Court,  to  a  pro- 
per person  to  be  named  by  Plaintiffs'  and  Defendants"  said  executors  and 
devisees  under  said  will,  in  order  to  be  proved  at  said  commission,  such 
person  first  giving  security  to  be  approved  of  by  the  judge  of  the  Prero- 
gative Court,  to  return  same  in  six  weeks  from  the  delivery  thereof  to 
him. 


Order  toiicliiiig  the  Management  of  Estates  in  the   West  Indies,  and  the 
Aj)i)ointment  of  a  Receiver. 

THE  CASE. 

R.  C.  by  will,  devises  a  plantation  at  St.  C,  to  his  eldest  son  D.,  for 
life,  with  limitations  to  other  children,  and  directs,  that  the  clear  produce  of 
his  plantation,  till  his  debts  and  legacies  should  be  paid,  to  be  from  time 
to  time  shipped  in  such  sliips  as  Defendant  C,  his  heirs  and  assigns, 
should  direct,  and  consigned  to  him,  and  that  his  son  should  send  an  ac- 
count every  year  of  the  produce,  and  if  they  did  not,  then  Defendant  C, 
with  the  consent  of  his  trustees,  w  as  to  put  an  overseer  on  the  estate. 

The  bill  was  brought  against  tlte  trustees  and  sons,  for  an  account  of 
the  rents  and  profits,  and  that  an  overseer  or  receiver  might  be  appointed 
of  the  estate. 

The  decree  referred  it  to  the  master,  to  appoint  a  proper  person  in 
L.,  to  whom  the  Defendant  C.  should  consign  and  send  over  the  profits 
of  the  plantation  and  houses  in  question  to  be  disposed  of,  according  to 
Testator's  will,  and  Defendant  C.  was  accordingly,  from  time  to  time, 


ORDERS.  631 

to  consign  and  send  over  the  profits  to  such  person  so  to  be  appointed,  and 
R.  S.  was  appointed  consignee. 


Order. 

Let  R.  S.,  the  consignee,  approved  by  the  master,  twice  in  every 
year,  transmit  to  Defendant  C.  a  true  account  of  the  sugars  and  other 
produce  of  the  plantation,  consigned  to  and  received  by  him  upon  the 
respective  consignments,  and  of  the  sales  thereof;  and  let  said  R.  S. 
make  insurances  upon  the  sugars  and  other  produce  of  the  plantation,  that 
shall  be  consigned  to  him,  in  such  manner  as  shall  be  reasonable,  with 
the  approbation  of  Defendant  D.  C,  or  of  such  person  as  h«*  shall  ap- 
jwint,  and  that  the  charges  thereof  be  paid  out  of  the  money  arising  by 
the  sale  ;  and  let  said  S.  transmit  over  from  the  said  plantation  to  D.  C.'s 
attorney  at  St.  C.  such  stores,  provisions,  and  other  effects,  for  the  ne- 
cessary use  and  consumption  of  the  said  estate,  as  said  R.  C.  shall,  by 
letter,  from  time  to  time,  desire,  with  the  approbation  of  the  master. 
And  let  Defendant  C.  deliver  over  to  said  R.  S.  an  inventory  of  the  ne- 
groes, mills,  and  utensils,  now  upon  the  plantation,  and  let  said  R.  S. 
pay  or  remit  to  the  said  R.  C.  such  sums  of  money  as  shall  be  reasonably 
laid  out  by  said  C.  in  negroes,  utensils,  cattle,  and  repairs  upon  the  plan- 
tation to  be  ascertained  by  an  account  to  be  sent  from  time  to  time  by 
said  C.  to  be  verified  by  affidavit,  whicii  sums  are  to  be  settled  by  the 
master,  if  the  parties  differ.  And  let  the  said  S.  pass  his  accounts  an- 
nually before  the  master,  and  pay  what  shall  appear  to  be  due  from  him, 
on  the  balance  of  his  account,  from  time  to  time,  into  the  bank,  with  the 
privily  of  the  Accountant-General  of  this  Court,  &:c. 


Another. 

Let  It  be  referred  to  the  master  to  approve  of  a  proper  person  in  the 
island  of  B.,  to  manage  the  Plaintiff's,  the  infant's,  estate  there,  and  re- 
ceive the  rents  and  profits  thereof,  and  to  remit  same  over  to  Defendants 
in  E.,in  trust  for  Plaintiff  ;  and  v/hat  shall  be  from  time  to  time  so 

remitted  by  such  person,  so  to  be  approved  of  as  aforesaid,  to  Defendants, 
is,  after  a  deduction  of  what  shall  be  allowed  for  Plaintiff's  maintenance, 
to  be  placed  out  at  interest,  &c. 

Let  it  be  referred  to  the  master  to  approve  of  a  proper  person  to  be 
appointed  guardian  of  the  person  and  Rotate  of  Plaintiff,  E.  O.,  the  in- 
fant and  he  is  to  state  same  to  the  Court,  and  thereupon  such  further 
order  shall  be  made  relating  thereto  as  shall  be  just. 

And  let  the  master  appoint  one  or  more  proper  person  or  persons  in 
the  island  of  B.  to  manage  said  Plaintiff's,  the  infant's,  estate  there,  and  to 
receive  the  rents,  produce,  and  profits  thereof,  and  he  or  they  is  or  are 


032  ORDKUS. 

(o  remit  same  to  a  proper  person  in  L.  to  be  approved  of  by  the  raastei' 
for  tliat  purpose.  And  the  said  master  is  to  make  such  person,  to  whom 
the  same  shall  be  so  remitted,  a  reasonable  allowance  in  resi)ect  thereof; 
but  such  person  is  first  to  give  security  to  be  ap|)roved  of  by  the  master, 
daily  to  account  for  and  pay  what  he  shall  so  receive  by  such  remittance, 
as  this  Court  shall  direct. 


Order  appointing  an  Interpreter  for  examining  a  Witness  who  did  not 
understand  English . 
Upon  consideration  this  day  had  by  the  rigiit  honorable  the  Master  of 
the  Rolls,  of  the  humble  petition  of  the  Piaintift',  stating  (among  other 
things)  that  this  cause  is  at  issue,  antl  that  J.  L.  P.  of,  Sec.  is  a  material 
witness  for  the  Plaintiff,  and  that  the  said  J.  L.  P.  irpeaks  the  French 
language,  but  does  not  understand  the  English  language,  so  that  the 
Plaintiff  cannot  have  the  benefit  of  his  testimony  without  the  assistance 
of  an  interpreter.  And  therefore  it  was  prayed,  that  his  Honor  doth  ac- 
cordingly order  that  B.  B.  of,  &c.  be  appointed  interpreter  to  the  said 
J.  L.  P.  on  his  being  examined  as  a  witness  in  this  cause,  on  the  behalf 
of  the  petitioner.  And  that  the  said  B.  B.  be  sworn,  truly  to  interpret 
the  oath  to  be  administered  to  the  said  J.  L.  P.  and  also  tiie  interroga- 
tories on  which  he  shall  be  examined,  and  his  depositions  to  such  inter- 
rogatories, and  likewise  to  keep  such  depositions  secret,  until  publication 
shall  duly  pass  in  this  cause,  of  which  notice  is  first  to  be  given  to  the  De- 
fendant's clerk  in  Court. 


Order  referring  Matters  in  question  to  Arbitration  to  confess  Judg- 
ment in  Action. 

Whereas  Mr.  Solicitor-General,  of  counsel  for  the  Plainlifl",  this 
day  moved  and  offered  divers  reasons  unto  the  right  honorable  the 
r.ord  High  Chancellor  of  Great  Britain,  that  all  matters  in  difference  in 
this  cause  between  the  Plaintiff  and  Defendant  might  be  referred  to 
arbitration  in  the  presence  of  Mr.  M.  of  counsel  for  the  Defendant,  uho 
consented  thereto. 

Whereupon  his  Lordship  doth,  by  consent,  order  that  the  Plaintiff  do 
confess  judgment  in  the  action  at  law  connnenced  against  him  by  the 
Defendant  for  the  sum  of  j£^  the  penalty  in  the  bond  in  the 

pleadings  in  this  cause  mentioned,  and  on  which  the  said  action  is  brought, 
and  by  the  like  consent  it  is  ordered  that  it  be  referred  to  C.  K.  of  L., 
merchant,  named  on  the  part  of  the  Defendant,  and  to  G.  R.  of,  &c. 
named  on  the  part  of  the  Plaintifl",  and  to  I.  A.  of,  &c.  nominated  by 
the  said  C.  K.  and  (i.  A.  or  to  any  two  of  the  said  arbitrators,  to  take  the 
accounts  in  question  in  this  cause  between  the  said  Defendant  and  th« 


ORDERS. 


633 


Plaintiff  and  I.  M.  tbo  younger,  as  partners  in  the  pleadings  of  this 
cause  named,  and  also  between  the  Defendant  and  the  PlaintilVseparately, 
aiid  to  ascertain  and  award  the  balance  due  to  any  or  either  of  the  said  ^ 
parties,  and  to  award  and  direct  the  payment  thereof,  the  said  Defendant 
hereby  consenting  to  confess  a  judgment  in  the  Court  of  King's  Bench, 
for  such  balance,  if.  any,  as  may  be  awarded  and  directed  to  be  paid  by 
him  to  the  Plaintiff  and  I.  M.  the  younger,  or  to  the  Plaintiff.  And  by 
the  like  consent  it  is  ordered,  that  in  case  a  balance  shall  by  the  said 
award  be  found  due  from  the  said  Defendant,  then  tlie  said  judgment 
against  the  Plaintiff  shall  be  vacated,  and  the  said  arbitrators,  or  any  two 
of  them,  are  to  make  their  award  in  writing,  touching  the  matters  referred 
to  them,  on  or  before,  &c.  with  liberty  for  any  or  either  of  the  parties  to 
apply  to  the  Court  from  time  to  time  to  enlarge  the  time  for  the  arbitra- 
tors making  their  said  award  as  there  shall  be  occasion  ;  the  Plaintift 
and  Defendant  hereby  agreeing  to  consent  from  lime  to  time  to  such  en- 
largement thereof,  as  the  Court  shall  think  reasonable.  And  by  the  like 
consent  it  is  ordered,  that  the  said  award  of  the  said  arbitrators,  or  any  two 
of  them,  to  be  made  in  writing  as  aforesaid,  be  final  and  conclusive  be- 
tween the  parties.  And  by  the  like  consent  no  exceptions  are  to  be  taken 
to  the  said  award,  but  either  party  is  to  be  at  liberty  to  apply  to  the  Court, 
to  set  aside  the  same  as  they  shall  be  advised.  And  by  the  like  consent 
it  is  ordered,  that  all  books,  bonds,  agreements,  deeds,  securities,  bills  of 
exchange,  bills  of  parcels,  invoices,  policies  of  insurance,  receipts,  letters, 
accounts  of  sales,  and  all  other  vouchers,  papers,  and  writings  in  the  cus- 
tody or  power  of  either  of  the  parties  relating  to  the  matters  in  question 
in  this  cause,  be  produced  before  the  said  arbitrators  as  tliey  shall  direct, 
to  be  ascertained  by  the  oaths  of  the  party  producing  the  same,  and  the 
parties  are  to  be  examined,  &c,  and  are  to  be  sworn  before  one  of  the 
masters  of  this  Court.  And  by  the  like  consent,  no  bill  or  bills  in  eqiiil}' 
is  or  are  to  be  filed,  or  any  action  or  actions  brought  or  prosecuted 
against  the  said  arbitrators,  or  any  or  eillier  of  them,  for  any  matter  or 
thing  they  shall  do  in  or  about,  or  touching  the  matters  hereby  referred  to 
them.  And  by  the  like  consent  it  is  ordered,  that  the  injunction  granted 
in  this  cause  be  continued  to  stay  the  Defendant  from  proceeding  at  liw 
against  the  Plaintiff,  for  and  touching  any  of  the  matters  in  question  in 
this  cause  until  the  further  order  of  this  Court.  And  the  costs  of  the 
action  at  law,  and  in  this  Court,  are  to  abide  the  event  of  the  said  refer- 
ence, and  to  be  paid  to  the  party  in  whose  favor  a  balnnce  shall  be 
awarded.  And  by  the  like  consent  the  costs  of  the  said  reference  are  to 
be  paid  in  the  discretion  of  the  said  arbitrators,  or  auy  two  of  tbeni, 
who  are  to  award  or  direct  by  whom,  and  to  whom,  and  in  what  man- 
ner the  some  slinll  be  paid,  including  a  compensation  to  be  made  to  tiK- 

81 


634  ORDERS. 

said  arbilrators  for  tlieir  trouble,  and  the  charges  and  expenses  attending 
the  slating  an  account  or  accounts,  and  preparing  the  said  award. 


Or'ler  of  Reference  to  Arbitrator,  tvho  is  to  examine  upon  Oath.  Costx 
to  he  in  his  Discretion,  and  no  bills  to  be  filed  against  him  as  Arbi- 
trator. 

His  Lordship  doth,  by  consent  order,  that  all  matters  in  difference  be- 
t\ve"n  the  Plaintifls  and  Defendants  in  this  cause,  be  referred  to  the 
award  and  determination  of  I.  H.  of  &c.  esq.  so  that  he  shall  make  and 
publi/ih  his  award,  in  writing,  of  and  concerning  the  premises  in  question, 
on  or  before  '^  now  next  ensuing,  or  on  or  before  such  further  time 

a>  liereinafter  mentioned.     Ami  that  the  said  parties  do  stand  to,  abide  by, 
p^'i.'orm,  and  fultil  the  award  which  the  said  arbitrator  shall  so  make  of 
a;id  concerning  the  premises.     And  by  the  like  consent  it  is  ordered, 
that  the  said  arbitrator  is  to  be  at  liberty  to  examine  upon  oath,  or  upon 
interrogatories,  or  otherwise  at  his  discretion,  the  said  Plaintiffs  and  De- 
fendants, iM-  any  of  them,  or  any  other  person  or  persons  who  shall  be 
produced  as  a  witness   or  witnesses   before  him   by  either  party,  such 
Plaintiffs  and  Defendants,  or  other  person  or  persons  being  sworn  before 
one  of  the  masters  of  this  Court,  or  before  a  master  extraordinary  in  the 
country,  if  there  shall  be  occasion.      And  the  said  parties  are  to  produce 
before  the  said  arbitrator,  upon  oath  if  required,  all  deeds,  instruments, 
books,  papers,  writings,  and  accounts,  in  their,  or  any,  or  either  of  their 
custody  or  power,  touching  the  matters  in  question,  or  any  of  them,  as  the 
said  arbitrator  shall  direct.     And  by  the  like  consent  it  is  ordered  that  the 
costs,  of  this  suit,  and  also  of  the  said  reference  and  award,  and  all  other 
costs,  charges   and  expenses  attending  or  relating  to  the  matters  in  dif- 
ference between  the  said  parties,  or  either  of  them,  shall  be  in  the  dis- 
cretion of  the  said  arbitrator,  and  shall  be  paid  in  such  manner,  and  by 
whom,   and   to  whom,  and  at  such  time  or  limes  as  shall  be  directed  by 
his  award.     And  by  tlie  like  consent  it  is  ordered  that  the  said  arbitrator 
shall  be  at  liberty,  by   writing  under  His  hand,  to  enlarge  the  time  for 
making  his  award  from  time  to  time  as  he  shall  see  occasion  ;  and  that 
the  said  arbitrator  may,  if  he  thinks   fit,  proceed  ex  parte  in  the  said 
reference  in  case  of  the  refusal  or  neglect  of  any  of  the  said  parties  to 
attend  him  thereon,  after  reasonable  notice  in  that  behalf.     And  by  the 
like  consent  it  is  ordered,  that  no  bills  or  bill  is  or  are  to  be  filed  in  any 
court  of  equity,  by  any  or  either  of  the  said  parties,  against  the  said 
arbitrator  for  any   matter  or  thing  he  shall  do  in,  about,  or  touching 
the  roalters  to  him  hereby  referred  j  and  any  or  either  of  the  said  parties 


ORDERS.  635 

are  or  is  to  be  at  liberty  to  apply  to  this  Court  to  have  the  said  award 
made  an  order  of  this  Court. 


Order,  upon  a  Petition,  for  the  Sale  of  Estates. 

It  was  ordered,  on  the  consent  of  the  parties  therein  mentioned,  that 
the  said  estate  should  be  sold,  before  the  master,  touether,  or  in  parrels, 
as  the  said  master  should  think  fit,  and  all  proper  parties  were  to  join,  as 
the  said  master  should  direct.  And  in  order  to  the  said  sale,  all  deeds 
and  writings  in  ihe  custody  or  power  of  any  of  the  parties  relating 
thereto  were  to  be  produced  before  the  said  master  upon  oath;  and  it 
was  ordered,  that  the  money  arising  by  such  sale  should  be  paid  by  the 
purchaser  or  purchasers  into  the  Bank,  in  the  name  and  with  the  privity 
of  the  Accountant-General  of  this  Court,  to  be  there  placed  to  the 
credit  of  the  said  cause,  subject  to  the  further  order  of  this  Court.  And 
it  was  further  ordered,  that  S.  T.,  &c.  the  petitioners,  should  be  at 
liberty  to  proceed  in  the  said  suit  in  the  names  of  the  Plaintiff  A.  S.,  &c. 
the  petitioners,  indemnifying  them  against  all  costs  that  might  be  ocea- 
sioned  thereby. 


636 


SECT.    IV. AFFIDAVITS. 


AFFIDAVITS  arc  usually  for  certifjiug  tlie  service  of 
process,  or  other  matters  touching  the  proceedings  in  a 
cause  ;  and  generally  where  any  motion  or  petition  is  made, 
that  is  not  of  course  an  affidavit  of  the  facts  alleged  is 
necessary. 

The  time,  place  of  residence,  and  also  the  title  of  every 
person  who  makes  an  affidavit  ought  to  be  inserted  therein  ; 
and  it  ought  to  set  forth  the  matter  of  fact  only,  which  the 
party  intends  to  prove  thereby,  and  not  any  of  tlie  merits 
of  the  cause. 

And  to  all  affidavits  sworn  in  this  court  the  deponent 
must  sio;n  his  name  or  mark  on  the  left  hand  side  of  the 
affidavit,  and  the  jurat  on  the  right  side. 

Where  a  whole  petition  was  recited  in  an  affidavit  of 
service,  the  costs  were  ordered  out  of  the  attorney's  pocket. 
(1  Atk.   139.) 

The  affidavit  must  be  true  in  substance,  with  all  neces- 
sary circumstances  of  time,  place,  manner,  and  the  other 
material  incidents,  and  must  also  be  sufficient  to  sustain 
the  case  made  by  the  petition,  or  motion  of  which  it  is  the 
ground  work,  so  it  should  be  pertinent  and  material. 
(Hind.  461.) 

Not  swearing  expressly  to  Avords  sjioken,  but  adding, — 
"  to  that  effect  is  a  proper  caution  in  an  affidavit."  (2 
Atk.  60.) 


AFFIDAVITS.  637 

If  the  Plaintiff's  name,  the  court,  the  return  of  tlie  sub- 
poena, the  manner  of  service,  or  any  thing  material,  be 
omitted  in  the  affidavit,  no  attachment  must  issue  upon  it 
for  non-appearance,  and  so  of  the  service  of  other  process, 
and  of  orders,  &:c. ;  for  till  a  due  service,  &c.  be  shown, 
no  contempt  appears  to  the  court. 

In  an  affidavit  of  notice,  it  is  not  enough  to  say,  that 
notice  was  given,  or  the  copy  delivered  to  the  party's  clerk 
in  court,  but  his  name  must  also  be  mentioned  that  it  may 
appear  with  certainty  ;  and  it  must  say,  "  notice  in  writ- 
ing," or  words  to  that  effect,  and  if  he  who  serves  the 
notice  does  not  know  that  the  person  on  whom  it  is  served 
is  the  party's  clerk  in  court,  he  must  say,  "as  he  is  credi- 
bly informed,  and  verily  believes,"  first  taking  care  that 
he  receives  information  accordingly.  But  if  a  notice  be 
left  at  the  clerk  in  court's  seat  with  his  clerk  or  agent, 
such  clerk  or  agent  need  not  be  named. 

An  affidavit  of  several  persons  by  the  manner  of  wording 
it  may  be  made  either  joint  and  several,  or  joint  or  seve- 
ral ;  and  great  care  and  exactness  should  be  observed  in 
drawing  affidavits.  They  ought  to  be  fairly  wrote  in  one 
hand,  without  blots  or  interlineations  of  any  words  of  sub- 
stance ;  otherwise  the  master  may  refuse  to  accept  them ; 
or  if  he  does,  the  register  of  affidavits,  or  his  deputy,  may 
refuse  to  file  them ;  and  no  use  can  be  made  thereof  in 
court.     (Vi(ie  Old,  Chan.  15.  18.  and  92.) 


638  AFFIDAVITS. 

Affidavit  that  the  Plaintiff  had  Writings  but  hath  lust  tJiem,  proper  to  be 
annexed  to  a  Bill. 

Between  A.  B Complainant, 

and 
C.  D.  and  others,  .  Defendants. 
The  said  Complainant  raaketh  oath,  that  some  time  since,  to  wit, 
on,  &c.  last,  the  writings  now  sued  for  in  this  cause,  were  in  his,  this 
deponent's  custody  and  possession,  but  since  the  said  lime,  he,  this  de- 
ponent, hath  accidentally  lost  them;  and  this  deponent  further  saith,  that 
he  doth  not  know  where  the  said  writings  are,  unless  they  are  in  the  hands 
or  custody  of  the  said  Defendants,  some  or  one  of  them,  or  else  that  the 
said  writings  are  now,  or  late  were  in  the  custody  of  the  said  Defendant, 
J.  K.  as  he  is  credibly  informed  and  verily  believes,  &c. 

A.  B.  Sworn,  &c. 


Affidavit  of  having  committed  Waste. 

Between  A.  B Plaintiff, 

and 

CD Defendant. 

A.  B.  the  Complainant,  maketh  oath,  that  C.  D,  the  Defendant  in 
this  cause,  on,  &c.  last  past,  did  pull  down  and  destroy  part  of  the 
house,  and  out-houses,  &c.  to  which  he,  this  deponent,  hath  lawful 
title,  being  seised  in  fee  of  the  said  estate  and  premises  in  question,  as 
this  deponent  is  advised  and  believes,  and  for  which  he  is  now  prosecut- 
ing the  Defendant,  and  that  the  said  C.  D.  did  also  fell  and  cut  down 
several  timber  trees,  upon  the  lands  belonging  to  the  same,  and  conti- 
nues to  commit  other  waste  and  spoil,  in  and  upon  the  said  estate  of 
this  deponent,  to  his  great  loss  and  damage. 
A.  B. 

Sworn,  &c. 


Affidavit  by  a  Quaker. 


In  Chancery. 


In  the  matter  of  the  trustees  of  the  will  of  J.  G., 
deceased. 
W.  H.,  of,  &c.  surveyor,  one  of  the  people  called  Quakers,  maketh 
affirmation,  and  saith,  that  he,   this  affirmant,   was,    in  or  about  the 
month  of  ,  by  sir  T.  C,  &c.  &c.  to  survey  a  certain  messuage 

or  tenement,  situate,  &c.  then  in  the  occupation  of,  &c.  and  then, 
which  this  aflirmant  was  informed,  was  on  lease  to  them  for  a  term  of 
years,  which  would  expire  at  ,  at  the  clear  annual  rent 


AFFIDAVITS.  639 

of  .     And  Ihis  affirmant  saith,  that  he  did  accordinely  survey  the 

said  premises,  wliich  consisted  of  a  messuage  or  dwelling  house,  built  of 
brick  or  timber,  &c.  and  this  deponent  found  that  the  said  buildings 
thereon  were  very  old  and  decayed,  and  the  greater  part  of  them  not 
capable  of  being  substantially  repaired ;  and  it  appeared  to  this  affirm- 
ant, that  if  Messrs  O.  would  agree  to  lay  out  the  sum  of  £  in 
erecting  new  and  substantial  buildings  on  the  scite  of  part  of  the  said 
premises,  and  in  repairing  such  parts  thereof  as  were  capalile  of  repair, 
and  would  surrender  the  existing  lease  and  take  a  new  lease  thereof,  for 
the  term  of  years,  at  the  clear  yearly  rent  of  £  ,  that  it 
would  be  as  beneficial  to  all  persons  interested  in  the  said  premises,  as 
could  reasonably  be  expected.  And  this  affirmant  saith,  tiiat,  in  his 
opinion,  it  would  not  have  been  prudent  to  delay  making  a  new  agree- 
ment until  the  expiration  of  the  old  !ea<!e,  or  the  infaiit  J  S.  G.  should 
hav^e  come  of  age,  because  the  property  in  question,  and  all  the  pro- 
perty in  the  neighbourhood  that  can  be  immediately  improved,  has 
now  increased  in  value  at  present  by  reason  of  the  new  docks  made 
there,  but  if  advantage  be  not  taken,  that  then  all  the  improvements 
consequent  upon  the  new  docks  may  be,  in  years  time,  com- 
pleted upon  other  premises. 


Affidavit  of  Sir   T.   C.  ^'c.  Hmt  an  Agreement  entered  into  is  for  the 
Benefit  of  the  Infant,  Sfc. 

Make  oath  and  say,  that,  to  the  best  of  their  information  and  belief, 
the  agreement  made  and  entered  into  by  and  between  these  Defendants 
and  Messrs.  O.  with  respect  to  a  new  lease  of  the  messuage  and  pre- 
mises now  in  their  occupation,  and  part  of  the  estate  of  the  late  J.  G., 
deceased,  was  a  proper  and  advantageous  agreement,  and  beneficial  to 
the  infant  J.  S.  G.,  and  all  other  persons  that  are  or  may  be  interested 
in  the  said  premises..  And  these  Deponents  had  no  other  view  or  motive 
for  the  making  of  the  said  agreement,  than  the  advantage  of  the  parties 
interested  in  the  said  premises. 


CHAPTER  VIII. 

DECREES. 


THE  most  ready  way  of  shewing  how  a  decree  ought 
to  be  drawn,  appears  to  be  by  exhibiting  the  skeleton  of  a 
decree  witli  appropriate  observations. 

This  cause  coming  yesterday,  as  also  on  this  present 
day  to  be  heard  and  debated  before  the  Right  Honorable 
the  Lord  High  Chancellor  of  Great  Britain,  in  the  presence 
of  counsel  learned  on  both  sides,  the  substance  of  the  Plain- 
tiff's  bill   appeared   to   be,    (Jiere  recite   the   hill  briefly). 

Therefore  that  the  said  defendant. may  account,  &c.  (the 
prayer  of  the  bill,)  and  to  be  relieved  is  the  scope  of  the 
Plaintiff's  bill.  Whereto  the  counsel  for  the  Defendant 
alleged,  that  he  by  his  answer  admits,  &:c.  (here  set  forth 
the  substance  of  the  answer).  Whereupon  and  upon  debate 
of  the  matter,  and  hearing  the  will  of  the  said  E.  F.  the 
answer  of  the  Defendant,  a  paper-writing  or  account  of  the 
testator's  hand-writing  relating  to  his  estate,  marked  No.  1, 
and  the  proofs  ta'.^cn  in  this  cause  read,  and  what  was 
alleged  by  the  counsel  on  both  sides,  his  Lordship  dc- 
clarcxS  that,  &:c.  (here  set  forth  the  decree  of   the  court.) 

But  observe,  that  if  a  cause  be  heard  upon  bill  and 
answer  only,  and  the  decree  be  thereupon  made,  then  you 
say,  after  the  words,  "  coming  on  to  be  heard  and  debated 
before,  &c.  ujion  the  bill  and  answer,  in  the  presence  of, 
&c."  Whereupon,  and  upon  debate  of  the  matter,  &c. 
(as  in  the  order,)  this  court  doth  tliink  fit,  and  so  order 


DECREES.  641 

and  decree,  and  accordingly  it  is  ordered,  adjudged,  and 
decreed,  that,  &c.  (Jiere  insert  the  decretal  part  of  the 
order  on  hearing.) 

And  if  it  be  a  re-hearing  upon  the  order  on  hearing, 
then,  after  reciting  the  order  on  hearing,  say  thus — "  with 
which  said  order  the  said  Defendant  being  dissatisfied,  he 
petitioned  his  Lordship  for  a  re-hearing  of  the  said  cause, 
and  to  have  the  order  rectified  in  several  particulars ;  and 
thereupon,  by  an  order  bearing  date,  &c.  it  was  ordered, 
that  the  said  cause  should  be  Iieard  the,  &c.  of,  &;c.  upon 
the  Defendant's  depositing  ten  pounds  with  the  register,  (as 
you  find  by  the  words  of  such  order).  And  the  said  De- 
fendant having  deposited  the  said  ten  pounds  accordingly, 
and  the  said  cause  coming  on  to  be  re-heard  in  the  pre- 
sence of  counsel,  &c.  the  counsel  for  the  Defendant,  in- 
sisted that,  &c.  (setting  forth  the  substance  of  the  De- 
fendant's, argument  as  recited  in  the  order  of  re-hearing.) 
Whereto  the  counsel  for  the  Plaintiff  insisted  that,  &,c. 
(reciting  what  the  Plaintiff's  counsel  insisted  upon,  as 
mentioned  in  the  said  order  of  re-hearing.)  Whereupon 
tbis  court  did  declare  and  decree,  &lc."  (according  as 
it  is  expressed  in  such  order  of  re-hearing,)  and  if  upon 
the  re-hearing  the  former  order  be  confirmed,  say, — 
"  Whereupon,  and  upon  debate  of  the  matter,  and  hear- 
ing what  could  be  alleged  by  counsel  on  both  sides,  this 
court  declared,  that  the  decree  formerly  pronounced  in  this 
cause  was  just,  and  did  accordingly  order,  tjiat  the  same 
should  stand,  &c."  (as  it  is  in  the  order.) 

But  towards  the  bottonj  or  end  of  every  decree  or  dis- 
mission you  draw  up,  in  the  last  sheet  upon  the  left  hand, 
you  write  these  words,  viz. — 

"  It  agrees  with  the  records,  orders,  and  report,  and  is 

82 


642  DECREES. 

examined  by  A.  B.  for  Plaintiff.  Which  A.  B.  is  the 
Plaintiff's  six  clerk,  if  drawn  up  for  the  Plaintiff;  but  if 
drawn  up  for  the  Defendant,  then  the  Defendant's  six  clerk 
is  to  sign  it.  But  if  there  be  only  one  order,  jou  say  only 
order,  and  if  no  report  in  the  cause  you  leave  the  same 
out." 


Words  of  course  used  in  the  inrohnent  of  a  decree  made 
upon  bill  and  answer,  the  Defendant  making  default  at  the 
hearing,  viz. 

"  Whereas  heretofore,  that  is  to  say,  in  or  about  Hilary 
Term,  which  was  in  the  year  of  our  Lord  A.  B. 

gentleman,  exhibited  his  bill  of  complaint  into  this  honor- 
able court  of  Chancery,  against  C.  D.  thereby  setting 
forth,  that,  &c.  and  further  setting  forth,  &.c.  (the  bill 
briefly  stated)  and  to  be  further  and  otherwise  relieved  in 
the  premises,  the  said  Complainant  prayed  the  aid  of  this 
honorable  court,  and  that  the  usual  process  of  subpoena 
might  be  thereout  awarded  against  the  said  DeA^ndant  to 
compel  him  to  appear  to,  and  answer  the  said  bill,  which 
being  granted,  and  the  said  Defendant  duly  served  there- 
with, he  appeared  and  answered  accordingly."  {Hind. 
4.53.) 

Before  the  Answer,  viz. 

"  And  the  said  C,  D.  by  his  answer,  said,  k.Q.  (the  an- 
swer set  out  omitting  the  schedule,  and  Avords  of  course 
concluding  the  answer,)  and  denied  all  unlawful  combina- 
tion and  confederacy,  and  concluded  his  answer  with  the 
general  traverse,  as  by  the  said  bill  and  answer  remaining, 
as  of  record  in  this  honoraljlc  court  may  more  fully  appear." 
(/imJ.  445.) 


DECREES.  ^il^ 

Before  the  order  on  hearings  viz. 

"  And  the  said  cause  being  thus  ready  for  an  hearing  o» 
the  bill  and  answer,  a  day  was  by  this  court  appointed  for 
the  hearing  thereof,  on  which  day,  being  Friday,  the  4th 
day  of  August,  1815,  the  said  cause  came  on  to  be  heard 
before  his  Honor  the  Master  of  the  Rolls,  in  the  presence 
of  counsel  learned,  for  the  Complainant,  no  one  appearing 
for  the  Defendant,  although  he  was  duly  served  with  a 
subpoena  to  hear  judgment,  as  by  affidavit  then  produced 
and  read  appeared.  Whereupon,  and  upon  hearing  the 
Defendant's  answer,  and  what  was  alleged  by  the  counsel 
for  the  Complainant,  his  Honor  did  order  and  decree," 
&c.  (the  decretal  order.)     {Hind.  445,  446.) 


Words  preceding  the  order  to  confirm  the  report  nisi. 
mz. 

"  And  whereas,  on  Thursday,  the  1 8th  day  of  January, 
1816,  upon  motion  that  day  made  unto  this  court  by  the 
Complainant's  counsel ;"  (the  order  set  out  verbatim.) 
{Hind.  446.) 


Words  preceding  the  order  to  confirm  the  report  abso- 
lute, viz. 

"  And  whereas,  on  Friday,  the  26th  day  of  January, 
1816,  upon  motion  that  day  made  unto  this  court  by  the 
Complainant's  counsel,  and  upon  allegations  that  the  De- 
fendant had  been  duly  served  with  the  said  order  of  the 
18th  day  of  January,  then  last  past,  as  by  affidavit  ap- 
peared, and  that  no  cause  had  been  shewn  to  the  contrary 
thereof,    as  by  the  register's  certificate  also  appeared ;  it 


G44  DECREES. 

was  prayed  that  the  said  order  might  be  made  absolute, 
which  was  ordered  accordingly."    (Hind.  446.) 


JVords  preceding  the  order  to  make  the  decree  absolute,^ 


mz. 


"  And  wliereas,  on  Thursday,  the  9th  day  of  November, 
1815,  upon  motion  made  unto  this  court  by  the  Com- 
plainant's counsel ;  and  upon  allegation  that  the  Defendant 
had  been  served  with  a  subpoena  to  show  cause  against  the 
said  decree,  as  by  affidavit  it  appeared,  and  no  cause  had 
been  shewn  to  the  contrary  thereof,  as  by  the  register's 
certificate  appeared,  it  was  prayed  that  the  said  decree 
might  be  made  absolute  as  against  the  said  Defendant, 
which  was  ordered  accordingly." 


JVords  preceding  a  masier^s  report, 


VIZ. 


"  And  whereas,  the  said  Mr.  Ord  afterwards  made  his 
report,  in  the  words  and  figures  following :"  (report  set 
out  verbatim.)    (Hind.  447.) 


DECREES.  645 

Decree  on  Act  of  Parliament  for  the  more  easy  Redemption  of  Mort- 
gages. 
Upon  opening,  &c.  that  the  Plaintiff  hath  exhibited  his  bill  in  this 
€aiise  against  the  Defendant,  setting  forth,  that,  &c.  and  praying,  &c.  and 
the  Defendant  having  appeared  to  the  Plaintiff's  bill,  and  by  his  an- 
swer thereto  admitting  the  Plaintiff's  mortgage,  and  that  the  principal 
money  and  interest  secured  thereby  is  still  due  to  the  Plaintiff,  and  now 
offering  to  pay  the  same,  together  with  his  costs  at  law  and  in  this  court; 
and  therefore,  pursuant  to  the  act  of  parliament  in  that  case  made  and 
provided,  praying,  &c.     Whereupon,  Sec. 


Decree  pro  Confesso,  Defendant  being  brought  by  Alias  Pluries  Habeas 

Corpus. 
Whereas  the  Plaintiff  did,  on  ,  exhibit  his   bill  in  this  court 

against  the  Defendant,  setting  forth  (among  other  things,)  that,  &c.  (^state 
substance  of  the  bill,)  and  therefore  praying  process  of  subpoena  against 
the  Defendant,  and  the  Defendant  being  served  with  a  subpoena  to  ap- 
pear to  and  answer  the  Plaintiff's  bill,  appeared  accordingly,  but  being 
in  contempt  to  an  attachment  for  want  of  his  answer,  and  being  arrested 
thereon,  the  sheriff  of  returned  a  cejn  corpus  thereon,  and 

thereupon,  by  an  order  of  ,  it  was  ordered  .that  the  messen- 

ger attending  this  court  should  apprehend  the  Defendant,  and  bring  him 
to  the  bar  of  this  court  to  answer  his  said  contempt ;  and  the  Defendant 
being  accordingly  apprehended,  and  brought  to  the  bar  of  this  court  by 
the  messenger  on  ,  and   persisting  in   his   said  contempt,  it 

was  then  ordered,  that  the  Defendant  should  be  turned  over  to  the  prison 
of  the  Fleet,  there  to  remain  until  he  should  answer  the  Plaintiff's  bill, 
clear  his  contempt,  and  this  court  make  other  order  to  the  contrary ; 
whereupon,  by  an  order  of  ,  it  was  ordered  that  an  habeas  corpus 

should  issue,  directed  to  the  warden  of  the  Fleet,  at  the  return  thereof, 
to  bring  the  Defendant  to  the  bar  of  this  court  to  answer  his  said  con- 
tempt; and  the  Defendant  having  been  accordingly  brought  to  the  bar  of 
this  court  on  ,  and  persisting  in   his  contempt,  it  was  then 

ordered  that  ho  should  be  remanded  back  to  the  prison  of  the  Fleet, 
and  that  an  alias  habeas  corpus  cum  causis  should  issue,  directed  to 
the  warden  of  the  Fleet,  at  the  return  thereof,  to  bring  the  Defendant 
again  to  the  bar  of  the  court,  to  answer  his  said  contempt ;  and  the  De- 
fendant being  again  brought  to  the  bar  of  this  court,  on  ,  to 
answer  his  said  contempt,  and  still  persisting  therein,  it  was  then  ordered 
that  he  should  be  remanded  back  to  the  prison  of  the  Fleet,  and  that  an 
alias  pluries  habeas  corpus  cum  ca«s/s  should  issue,  directed  to  the  warden 
of  the  Fleet,  at  the  return  thereof,  to  bring  the  Defendant   again   to  the 


646  i*i:cREES. 

bar  of  this  court,  oo  ,  to  answer  his  said  contempt,  and  still 

persisttng  therein,  it  was  then  ordered  that  he  should  again  be  remanded 
back  to  tlie  prison  of  the  Fleet,  and  that  the  Plaintifl's  clerk  in  court 
attend  with  the  record  of  the  Plaintiff's  bill,  in  order  to  have  the  same 
taken  pro  confesso  against  the  Defendant ;  and  the  Defendant  being  this 
day  brought  to  the  bar  of  this  court  accordingly,  in  the  presence  of  the 
Plaintiff's  counsel,  whereupon,  &c. 


Decree  pro  Confesso  on  Sequestration. 

Whereas  the  Plaintiff  did,  on  ,  exhibit  his  bill  in  this  court 

against  the  Defendant,  setting  forth,  (amongst  other  things,)  that,  &c. 
and  therefore  praying  process  of  subpoena  against  the  Defendant,  to  com- 
pel him  to  appear  to  and  answer  the  said  bill,  and  that,  {state  prayer,') 
and  forasmuch  as  the  Plaintiff  having  sued  out  a  subpoena  to  compel 
the  Defendant  to  appear  to  and  answer  the  Plaintiff's  bill,  the  Defendant 
appeared  thereto  accordingly,  but  stood  out  all  process  of  contempt  for 
want  of  his,  answer,  and  a  commission  of  sequestration  under  the  great 
seal  was  awarded  against  him,  notwithstanding  which,  the  Defendant 
persisting  in  his  contempt,  the  Plaintiff  obtained  an  order,  dated  , 

that  this  cause  should  be  set  down  to  be  heard  before  next  after  the 

causes  then  already  appointed,  in  order  that  the  Plaintiff's  bill  might  be 
taken  pro  confesso  against  the  Defendant,  and  that  the  Plaintiff's  clerk  in 
court  should  then  attend  with  the  record  of  the  Plaintiff's  bill  for  that 
purpose,  and  this  cause  coming  on  this  present  day  to  be  heard  be- 
fore ,  in  the  presence  of  tiie  Plaintiff's  counsel,  and  the 
Plaintiff's  clerk  in  court  now  attending  with  the  record  of  the  Plaintiff's 
bill  accordingly,  and  the  Defendant  still  persisting  in  his  contempt,  upon 
hearing,  &:c. 

Decree  pro  Confesso  as  to  one  Defendant,  and  heard  as  to  others. 

This  cause,  &c.  And  forasmuch  as  the  Defendant  A.  B.  being 
served  with  process  to  appear  to  and  answer  the  Plaintiff's  bill,  appeared 
accordingly,  but  stood  out  all  process  of  contempt  for  want  of  his  an- 
swer, and  a  commission  of  sequestration  under  the  great  seal  was  awarded 
against  him,  notwithstanding  which,  the  said  Defendant  A.  B.  persisting 
in  his  contempt,  the  PlaintitV  obtained  an  order,  dated,  &c.  that  this 
cause  should  be  set  down  to  be  heard  before  next  after  the 

causes  then  already  appointed,  and  that  the  Plaintiff's  clerk  in  court 
should  then  attend  with  the  record  of  the  Plaintiff's  bill,  in  order  that 
the  same  might  be  taken  pro  confesso  against  the  said  Defendant ;  and 
the  Plaintiff's  clerk  in  court  now  attending  with  the  record  of  the  Plain- 


DECREES.  t>47 

tiff's  bill  accordingly,  and  the  said  Defendant  A.   B.  slill  persisting  in 
his  contempt,  whereupon,  and  upon  debate,  &:c. 


Decree  to  a  Bill  hy  Creditors  for  the  Application  of  Testatur^s  personal 

Estate. 

Whereupon,  &'c.  his  Honor  was  pleased  to  order  and  decree,  that  it 
should  be  referred  to  Mr.  S.,  one  of  the  masters  of  this  honorable 
court,  to  take  an  account  of  what  was  due  to  the  PlaintilTs,  and  to  all 
other  the  creditors  of  the  said  Testator  A.  I,  and  of  his  funeral  ex- 
penses, and  to  compute  interest  on  such  of  his  debts  as  carried  interest, 
after  the  rate  of  interest  they  respectively  carried  ;  and  the  said  master 
was  to  cause  an  advertisement  to  be  published  in  the  London  Gazette, 
and  such  other  public  papers  as  he  should  think  proper,  for  the  creditors 
of  the  said  Testator  to  come  in  before  him  and  prove  their  debts,  and  he 
was  to  fix  a  peremptory  day  for  that  purpose ;  and  such  of  them  who 
should  not  come  in  and  prove  their  debts,  by  the  time  so  to  be  limited, 
were  to  be  excluded  the  benefit  of  the  said  decree;  but  such  persons, 
not  parties  to  the  said  suit,  who  should  come  in  before  the  said  master 
to  prove  their  debts,  were,  before  they  should  be  admitted  creditors,  to 
contribute  to  Plaintifis  their  proportion  of  the  expense  of  the  said  suit, 
to  be  settled  by  the  said  master ;  and  it  was  ordered,  that  the  said  mas- 
ter should  also  take  an  account  of  the  said  Testator's  personal  estate 
come  to  the  hands  of  the  said  C.  I.,  his  executrix,  or  to  the  hands  of 
any  other  person  or  persons  by  her  order,  or  for  her  use,  and  the  said 
Testator's  personal  estate  was  to  be  applied  in  payment  of  his  debts  and 
Ameral  expenses,  in  a  course  of  administration ;  and  for  the  better 
taking  of  the  said  accounts,  the  usual  directions  were  given. 


u4  common  Decree  of  Foreclosure. 

His  Lordship  doth  order  and  decree,  that  it  be  referred  to  JMr.  E., 
one,  &c.  to  see  what  is  due  for  principal  and  interest  on  his  mortgage, 
and  to  tax  him  his  costs  of  this  suit,  and  the  Defendant  to  pay  unto  the 
Plaintiff  what  shall  be  reported  due  to  him  for  such  principal,  interest, 
and  costs,  within  after  the  said  master  shall  have  made  his 

report,  at  such  time  and  place  as  the  said  master  shall  appoint;  and 
thereupon  the  said  Plaintiff  to  re-convey  the  said  mortgaged  premises, 
free  and  clear  of  all  incumbrances  done  by  him,  or  any  person  claiming 
from,  by,  or  under  him,  and  deUver  up,  upon  oath,  unto  the  Defendant, 
or  to  whom  he  shall  appoint,  all  deeds  and  writings  in  his  custody  or 
power  relating  thereto  ;  but  in  default  of  the  said  Defendant  paying  unto 
the  said  Plaintiff  such  principal,  interest,  and  costs  as  aforesaid,  by  the 


648  DECREES. 

time  aforesaid,  the  said  Defendant  is  from  thenceforth,  to  stand  abso- 
lutely debarred  and  foreclosed  of  and  from  all  equity  of  redemption,  of, 
in,  and  to  the  said  mortgaged  premises. 


Decree  of  Redemption  loTierc  the  Mortgagee  had  been  for  Years  in 

Possession. 

His  Honor  doth  order  and  decree,  that  it  be  referred  to  IMr.  H.,  one, 
&c.  to  take  an  account  of  what  is  due  to  the  Defendants,  for  principal 
and  interest,  on  the  mortgage  in  the  pleadings  mentioned,  dated 
and  tax  them  their  costs  of  this  suit ;  and  in  taking  the  said 
account,  the  said  master  is  to  consider  the  interest  due  on  the  said  mort- 
gage on  the  ,  as  amounting  to  the  sum  o{  £  , 
And  it  is  ordered,  that  the  said  master  do  also  take  an  account  of  the 
rents  and  profits  of  the  said  mortgaged  premises  received  by  the  De- 
fendants, or  any  of  them,  or  by  any  other  person  or  persons  by  their 
or  any  of  their  order,  or  for  their  or  any  of  their  use,  since  the  said 
,  or  which,  without  their  wilful  default,  might  have 
received  thereout.  And  it  is  further  ordered,  that  what  shall  be  coming 
on  the  said  account  of  rents  and  profits  be  deducted  out  of  what  shall  be 
found  due  to  the  Defendants  for  principal,  interest,  and  costs  as  afore- 
said ;  and  in  case  the  said  master  shall  find  the  Defendants,  or  any  of 
them,  have  been  in  possession  of,  and  held  the  said  premises,  as  owners  or 
owner  thereof,  then  the  said  master  is  to  set  a  rent  thereon,  and  take  the 
account  accordingly,  and  upon  the  Plaintifis  paying  to  the  Defendants 
what  shall  be  found  to  be  remaining  due  to  them  for  principal,  interest, 
and  costs  aforesaid,  within  after  the  said  master  shall 
have  made  his  report  at  such  time  and  place  as  the  said  master  shall 
appoint.  It  is  further  ordered,  that  the  said  Defendants  do  re-assign  the 
said  mortgaged  premises,  free  and  clear  of  and  from  all  incumbrances 
done  by  them,  or  any  person  claiming  by,  from,  or  under  them,  and  de- 
liver up  all  deeds  and  writings  in  their  custody  or  power  relating  thereto 
to  the  Plaintiff;  but  in  default  of  the  Plaintifis  paying  unto  the  De- 
fendants such  principal,  interest,  and  costs  as  aforesaid,  by  the  time 
aforesaid,  the  Plaintiffs'  bill  is  to  stand  from  thenceforth  dismissed  out  of 
this  Court  with  costs,  to  be  taxed  by  the  said  master ;  and  for  the  better 
taking  the  said  accounts,  the  parties  are  to  produce,  before  the  master, 
all  deeds,  &:c.  and  are  to  be  examined,  ^c.  and  in  taking  the  said  ac- 
counts, he  is  to  make  unto  the  parties  all  just  allowances,  and  particu- 
larly for  any  necessaiy  repairs  and  lasting  improvements  which  have  been 
made  by  the  Defendants,  or  any  of  them,  on  the  said  mortgaged  pre- 
mises, since  the  said  ,  uiul  any  of  the  parlies  are  t» 
be  at  liberty  to  apply  as  there  shall  be  occasion. 


DECREES.  849 

Decree  for  a  Partition — Infants  to  have  a  Day  to  gJieio  Cause. 

Let  a  commission  issue  to  commissioners  to  be  therein  named,  to  make 
partition  of  the  estate  in  question,  vvho  are  to  take  the  depositions  of 
witnesses  to  be  examined  by  them,  in  writing,  and  return  the  same  with 
said  commission,  and  let  the  same  be  divided  into  moieties,  and  set  out 
in  severahy,  whereof  declare  one  moiety  to  belong  to  Mr.  N.  and  the 
other  moiety  to  Plaintifl'  Sir  W.  M.,  and  let  the  respective  parlies  con- 
vey their  several  moieties  to  each  other,  to  hold  in  severahy,  according  to 
the  respective  undivided  moieties  thereof,  and  let  the  master  settle  the 
conveyances  in  case  the  parties  differ  about  the  same. 

And  until  such  conveyances  shall  be  made,  let  the  several  parties 
generally  hold  and  enjoy  their  respective  divided  moieties  against  each 
other,  or  any  claiming  under  them. 

And  let  said  Defendant,  Miss  N.  an  infant,  execute  the  conveyance 
before  directed  to  be  executed  by  her,  unless  she,  on  being  served  with  a 
subpoena,  shall,  within  months  after  she  shall  attain  her  age  of 

twenty-one  years,  shew  unto  the  Court  good  cause  to  the  contrary. 


Decree  for  a  Partition  of  an  Advmvson. 

Declare,  that  Plaintiff  is  entitled  to  have  a  partition  of  the  advowson 
of  the  vicarage  of  the  parish  church  of  W.  in  K.,  into  moieties,  to  pie«ent 
by  alternate  turns, and  decree  that  a  parthion  be  accordingly  made  thereof, 
in  moieties  between  Plaintiff  and  Defendant,  E.  S.,  devisee  in  the  will  of 
J.  S. 

And  for  making  such  partition  the  Plaintiff  and  Defendant  E.  S.  are 
mutually  to  execute  conveyances  lo  each  other,  so  that  Plaintiff  may  hold 
one  moiety  of  the  advowson  to  him  and  his  heirs,  and  Defendant  E.  S.  may 
hold  the  other  moiety  to  her  and  her  heirs,  as  tenants  in  common,  in  se- 
veralty respectively. 

And  in  such  conveyance  let  a  clause  be  inserted,  that  the  Plaintiff  and 
his  heirs,  and  Defendant  S.  and  her  heirs  shall  present  to  said  vicarage 
by  alternate  turns  ;  and  if  the  parties  differ  the  master  is  to  settle  the 
conveyances,  and  the  charges  of  the  conveyances  are  to  be  borne  equally 
between  the  Plaintiff  and  Defendant  E.  S. 

And  it  appearing  in  the  cause  that  J.  S.,  under  whom  Defendant  E.  S. 
claims,  hath  since  the  agreement  for  the  partition  or  division  of  the  pre- 
mises, presented  upon  the  last  avoidance  ;  it  is  ordered  and  decreed,  that 
the  Plaintiff  do  present  on  the  next  avoidance,  being  the  first  turn  from 
this  time. 

And  it  is  further  ordered,  that  the  Plaintiff's  bill,  as  against  the  De- 
fendant, the  heir  at  law  of  the  said  J.  S.,  be  dismissed  out  of  this  Court, 

83 


650  DECUEES. 

with  costs,  according  to  the  course  of  the  Couii,  bin  his  Loiu- 
ship  does  not  think  fit  to  give>iiy  costs  as  between  Plaintiff  and  Defend- 
ant E.  S. 


Decree  opening  stated  Accounts,  and  directing  general  Accounts. 

His  Lordship  doth  declare  that  the  three  stated  accounts,  dated,  &c. 
ought  to  be  opened  and  set  aside,  and  doth  order  and  decree  the  same 
accordingly  ;  and  it  is  hereby  referred  to  Mr.  ,  one  &c.  to  take  a 

general  account  of  all  dealings  and  transactions  between  Plaintiffs,  or 
either  of  them,  and  Defendants^  and  also  of  the  value  of  any  timber 
felled  and  taken  by  Defendants  from  off  Plaintiff 's  estate,  in  the  taking 
of  which  account  the  master  is  to  make  unto  all  parlies  all  just  allow- 
ances ;  and,  for  the  better  taking  the  said  account  all  parties  are  to  be 
examined  upon  interrogatories,  and  produce  all  books  and  papers  in  their 
custody  or  power  relating  thereto,  upon  oath,  before  the  said  master,  as 
the  said  master  shall  direct. 

And  it  is  ordered  and  decreed,  that  Defendants  do  pay  to  the  Plain- 
tiffs their  costs,  for  as  much  of  the  cause  as  relates  to  the  setting  aside 
the  said  stated  account,  to  be  taxed  by  the  said  nmster,  and  his  Lord- 
ship doth  reserve  the  consideration  of  the  rest  of  the  costs  of  this  suit 
until  after  the  said  master  shall  have  made  his  report ;  and  the  said 
parties  are  to  be  at  liberty  to  apply  to  the  Court  as  occasion  :>hall  re- 
quire. 


Decree  to  set  out  Dower,  and  to  account  for  oue.-tliinl  of  the  Rents  and 
Profits  of  the  Estate  accrued  since  the  Death  of  the  Husband. 

His  Lordship  doth  order  that  it  be  referred  to  the  master  to  inqune 
what  freehold  lands  the  said  S.  M.  died  seised  of,  wherein  the  Plaintiff 
B.  M.  is  dowable,  and  also  to  inquire  what  copyhold  or  customary  lands 
the  said  S.  M.  died  seised  of,  wherein  Plaintiff  B.  M.  is  entitled  to 
dower,  or  any  other  estate  by  the  custom  of  the  manor  wherein  the  said 
copyhold  or  customary  lands,  or  any  of  them,  do  He. 

And  that  the  said  master  do  assign  to  Plaintiff  B.  her  dower  in 
such  freehold  lands  and  tenements,  and  also  her  dower  and  widow's 
estate  in  such  customary  or  copyhold  lands  and  tenements,  and  the  said 
master  is  to  assign  and  set  out  particular  lands  and  tenements  for  that 
purpose. 

And  after  the  said  lands  and  tenemonts  shall  be  set  out  and  as- 
certained, it  is  ordered,  that  llie  Defendants  do  deliver  possession  to 
Plaintiff  B.  of  the  lands  and  tenements  that  shall  be  so  set  out  and  as- 
certained for  the  said  dower  or  widow's  estate  of  Plaintiff  B.  and  the 
tenants  thereof  are  to  attorn,  and  pay  (heir  rents  to  the  said  Plaintiff  B. 


DECREES.  6ol 

And  it  is  ordered  and  decreed,  that  tli<;  master  do  take  an  account  of 
the  rents  and  profits  of  the  said  freehold  and  copyliold,  or  customary 
lands  and  tenements,  whereof  tlie  said  S.  M.  died  seised,  accrued  since 
the  death  of  tlie  said  S.  M.,  which  have  been  received  by  the  said  De- 
fendant, or  by  any  other  person  by  his  order,  or  for  liis  use. 

And  that  one-tl)ird  part  of  what  shall  be  coming  on  said  account  of 
rents  and  profits  of  such  freehold  lands  and  tenements  is  to  be  paid  to 
Plaintifi'B.  by  the  said  Defendant,  in  respect  of  her  dower,  out  of  such 
lands  and  tenements,  and  such  part  of  what  shall  be  coming  on  said 
account  of  rents  and  profits  of  the  said  copyhold  or  customary  lands  and 
tenements  as  she  shall  appear  to  be  entitled  to  in  respect  of  her  said 
dower,  or  other  widow's  estate  in  such  copyhold  or  customary  lands  aiid 
tenements  is  to  be  paid  by  the  said  PlaintiflfB.  to  the  said  Detendant. 

And  for  the  better  clearing  of  the  account,  and  discovery  of  the  mat- 
ters aforesaid,  the  said  Defendant  is  to  produce  before  the  said  master, 
upon  oaii),  all  deeds,  writings,  papers,  and  books  of  account  in  iiis 
custody  or  power,  relating  to  the  matters  in  question,  and  both  siJes  are 
to  be  examined  upon  interrogatories  as  the  said  master  shall  direct ;  and 
the  said  master  is  to  make  unto  both  sides  all  just  allowances. 

And  it  is  ordered  that  Defendants  do  pay  unto  Plaintiff  C.  M,  her 
costs  of  this  suit  to  this  time,  to  be  taxed  by  the  said  master,  of  which 
the  said  master  is  to  make  a  separate  report ;  and  his  Lordship  dolh  re- 
serve the  consideration  of  subsequent  costs,  as  between  the  Plaintill'  B. 
and  Defendants,  until  the  master  shall  have  made  his  report. 

And  it  being  declared  by  the  counsel  for  Plaintiff,  that  they  do  intend 
to  controvert  the  probate  of  the  will  of  the  said  S.  M.,  insisted  on  by  the 
said  Defendant  in  the  Ecclesiastical  Court,  his  Lordship  doth  reserve 
liberty  to  any  of  the  parties  to  apply  to  the  Court  for  further  directions, 
in  respect  of  any  other  demands  made  by  the  bill,  in  respect  either  to 
the  real  or  personal  estate  of  said  S.  M.  as  occasion  shall  require. 

Decree  to  covfrm  Jointure  hij  Consent,  the  Lands  Juiving  been  specified 
in  the  SettJpinatt. 

And  the  Plaintiff,  Sir  W.  A.  now  offering  to  confirm  the  Defendant 
C.  A.  in  the  several  estates  settled  upon  her  in  jointure  by  the  deeds, 
dated,  &^. 

Decree  that  Plaintiff,  Sir  W.  A.,  do  confirm  the  jointure  of  said  De- 
fendant C.  A.  in  all  the  said  estates  as  the  master  shall  direct ;  and  let 
the  master  settle  deeds  or  assurances  for  the  confirmation  of  such 
jointure,  in  case  the  parties  differ  about  the  same. 

And  after  such  jointure  shall  be  confirmed  as  aforesaid,  let  Defendant 
C.  A.  produce,  before  the  said  master,  upon  oath,  all  deeds  and  writings 


652  DECREES. 

in  her  custody  or  power  relating  to  the  several  estates  comprised  in  the 
settlement,  dated,  &c. ;  and  reserve  the  consideration  of  all  further 
directions  until  after  the  deeds  and  writings  produced. 


Decree  to  set  out  Jointure — Jointress  entitled  in  Equity  only — Master 

to  set  it  out. 

Declare  that  Plaintiff  is  entitled  in  equity  to  have  a  jointure  oi  £ 
a  year  made  good  to  her  out  of  the  estate  in  question,  according  to  the 
settlement,  &c. ;  and  therefore  refer  it  to  the  master  to  set  out  and  allot 
so  much  of  the  lands  and  premises  comprised  in  the  said  settlement  of, 
&c.  as  shall  amount  to,  and  not  exceed  the  value  of,  £  a-year,  sub- 

j^ect  to  taxes  and  repairs,  for  Plaintifl''s  jointure  for  her  life. 

And  let  Defendants  JM.  11.  settle  and  convey  such  lands  and  premises, 
so  to  be  set  out  and  allotted  as  aforesaid,  to  Plaintifl'  for  her  life  for  her 
jointure,  by  such  conveyances  and  assurances  as  the  said  master  shall 
think  fit,  free  from  all  incumbrances  done  by  Defendant  M.  H.,  and  let 
all  proper  parties  join  in  such  conveyances  as  the  said  master  shall 
direct. 

And  let  Defendants  H.  deliver  possession  to  Plaintiff  of  the  lands  and 
premises  which  shall  be  so  allotted  and  set  out,  witii  the  appurtenances. 

And  let  the  Plaintiff  enjoy  the  same  for  her  life,  against  Defendant 
M.  H.,  and  all  persons  claiming  under  him,  or  E.  H.,  her  late  husband, 
deceased,  and  let  all  deeds  and  writings  relating  to  the  estate  in  question, 
be  produced  before  the  master  upon  oath. 


Decree  for  an  Account  and  Distribution  of  Testators  personal  Estate. 
If  not  sufficient  to  pay  the  Debts  and  Legacies,  then  the  Rents  of  real 
Estate  received  by  Tenant  for  TJfe  to  keep  down  the  Interest,  and  the 
Principal  to  be  raised  by  Sale  or  Mortgage. 

Declare  that  the  will  of  the  said  Testator  being  admitted  by  said  De- 
fendant P.  II.  his  heir  at  law,  ought  to  be  established,  and  the  trusts 
thereof  performed,  and  doth  order  and  decree  the  same  accordingly. 

And  that  it  be  referred  to  Mr.  ,  one,  &c.  to  take  an  account  of 

said  Testator's  debts,  funeral  expenses,  and  pecuniary  legacies,  and  to 
compute  interest  on  such  of  his  debts  as  carry  interest ;  as  also  to  com- 
pute interest  on  his  said  legacies,  at  the  rate  of  £i  per  cent,  per  ann. 
from  the  time  the  same  ought  to  have  been  paid,  according  to  the  said 
Testator's  will. 

And  the  said  master  is  to  cause  an  advertisement  to  be  published  in 
the  London  Gazette  for  the  Testator's  creditors  and  pecuniary  legatees  to 
come  before  him,  and  prove  their  respective  debts,  and  claim  their  re- 


DECREES.  653 

spective  legacies  within  a  time  to  be  therein  limited,  or  in  default  thereof, 
they  will  be  excluded  the  benefit  of  this  decree. 

And  the  said  master  is  also  to  take  an  account  of  the  personal  estate  of 
the  said  Testator,  not  specifically  bequeathed,  come  to  the  hands  of  the 
said  Defendant  J.  H.  his  survivinje;  executor,  and  the  Defendant  P.  If. 
or  either  of  them,  or  any  otiier  person  or  persons  for  their  or  either  of 
their  use,  or  by  their  or  either  of  their  order. 

And  the  said  personal  estate  of  Testator  is  to  be  applied  in  payment 
of  his  debts,  funeral  expenses,  and  legacies,  in  a  course  of  adminis- 
tration. 

And  if  there  shall  be  any  surplus  of  Testator's  personal  estate  remain- 
ing after  payment  of  said  Testator's  debts,  funeral  expenses,  and  j)ecu- 
niary  legacies,  it  is  ordered  and  decreed  that  the  same  be  equally  divided 
between,  and  paid  or  retained  by  the  said  Defendant  P.  11.  and  the 
Defendant  Lord  Viscount  W.  and  S.  his  wife,  in  right  of  the  said  S.  and 
the  Defendant  A.  H.  according  to  the  said  Testator's  will ;  but  in  case 
the  said  Testator's  personal  estate  shall  not  be  sufficient  to  pay  the  said 
Testator's  debts  and  funeral  expenses,  and  pecuniary  legacies,  then  it  is 
ordered  and  decreed  that  the  said  Defendant  P.  H.  do,  out  of  the  rents 
and  profits  of  the  said  Testator's  real  estates,  which  hath  accrued  since 
his  death  and  been  received  and  taken  by  him,  keep  down  the  interest  of 
such  of  the  said  Testator's  debts  and  legacies  as  carry  interest. 

And  that  so  much  of  the  principal  of  the  said  Testator's  debts  and 
pecuniary  legacies  as  his  personal  estate  shall  be  deficient  to  pay  and 
satisfy  be  raised  by  mortgage  or  sale  of  a  sufficient  part  of  the  said  Tes- 
tator's real  estate  as  the  said  master  shall  direct,  and  that  a  sufficient 
part  thereof  be  for  that  purpose  mortgaged  or  sold  with  the  approbation 
of  the  said  master,  wherein  all  proper  parties  are  to  join,  and  all  deeds 
and  writings  relating  thereto  in  the  custody  or  power  of  any  of  the  par- 
ties, are  to  be  by  them  produced  upon  oath  before  the  said  master,  as 
the  said  master  shall  direct. 

And  the  money  arising  by  such  mortgage  or  sale  is  to  be  applied  in 
the  first  place  in  payment  and  satisfaction  of  so  much  of  the  principal  of 
the  said  debts  as  the  said  Testator's  personal  estate  shall  fall  siiort  to 
satisfy,  and  then  in  payment  of  so  much  of  the  principal  of  the  said 
pecuniary  legacies  as  the  said  personal  estate  shall  fall  uliort  to  satisfy. 

And  if  the  same  shall  be  raised  by  mortgage  of  the  said  estate,  then 
the  said  Defendant  P.  H.  is  to  keep  down  the  interest  thereof  during  his 
life. 

And  it  is  further  ordered  that  all  the  parties  have  their  costs  of  this 
suit  out  of  the  said  Testator's  estate  to  be  taxed  by  the  said  master. 


654  i>ECREES. 

Decree  for  an  Account  of  Rents  and  Profits — Personalty — Receiver,  ^c. 

Decree  that  it  be  referred  to  Mr.  one,  &c.  to  take  an  account 

of  what  leasehold  estates  the  Testator  was  entitled  to  at  the  time  of  his 
death  and  of  the  annual  value  thereof,  and  also  an  account  of  the  rents 
and  profits  thereof,  accrued  since  the  Testator's  death,  received  by  the 
Defendants,  his  executors,  or  either  of  them,  or  by  any  person  or  per- 
sons, by  their  or  either  of  their  order,  or  for  their  or  either  of  their  use  j 
and  it  is  ordered  tliat  the  said  do  also  take  an  account  of  the  per- 

sonal estate  of  the  said  Testator,  not  specifically  bequeathed,  possessed 
or  received  by  the  Defendants,  his  executors,  or  either  of  them,  by  any 
person  or  persons,  by  their  or  either  of  their  order,  or  for  their  or  either 
of  their  use;  and  it  is  ordered  that  the  master  do  also  inquire  and  state 
to  the  court  what  the  value  of  the  leasehold  house  at,  &c.  late  belonging 
to  the  Testator,  and  taken  by  the  Defendant ;  and  it  is  ordered  that  the 
said  master  do  also  inquire  and  state  to  the  court  whether  the  Defen- 
dants have  possessed  any  and  what  specific  articles  bequeathed  by  the 
Testator,  other  tiian  and  except  those  which  they  have  delivered  to  the 
specific  legatees  thereof,  and  for  tiie  better  taking  the  said  accounts  and 
discovery  of  the  matters  aforesaid,  the  parties  arc  to  be  examined  upon 
interrogatories,  and  to  produce  deeds,  &c.  to  make  just  allowances,  &c. 

And  it  is  ordered  that  the  master  do  appoint  a  proper  person  to  be 
receiver  of  the  rents  and  profits  of  the  leasehold  estates  in  question  in 
this  cause,  and  allow  him  a  reasonable  salary  for  his  care  and  pains 
therein  ;  such  person  so  to  be  appointed  receiver  first  giving  security  to 
be  allowed  of  by  the  said  master,  and  taken  before  a  master  extraordi- 
nary in  the  country,  if  there  shall  be  occasion,  duly  and  annually  to  ac- 
count for  what  he  shall  receive  of  such  rents  and  profits  as  the  court 
shall  direct ;  and  the  tenants  of  the  said  estates  are  to  attorn  and  pay 
their  rents  in  arrcar  and  growing  rents  to  such  receiver,  who  is  to  be  at 
liberty  to  let  and  set  the  said  estates  from  time  to  time,  with  the  appro- 
bation of  the  said  master,  as  there  shall  be  occasion ;  and  it  is  ordered 
that  the  person  so  to  be  appointed  receiver  from  time  to  time,  do  pass 
his  accounts  before  the  master,  and  pay  the  balances  that  shall  be 
reported  to  be  in  his  hands  into  the  bank  to  be  there  placed  to  the 
credit  of  this  cause,  subject  to  the  further  order  of  this  Court.  And 
reserve  further  consideration,  &c. 


Decree  for  cstahlishing  a  Charity. 

Doth  declare  that  the  charitable  bequest  and  uses  made  and  created 
by  the  will  of  W.  B.  ought  to  be  established,  and  the  trusts  thereof  per- 
formed and  carried  into  execution,  and  doth  order  and  decree  the  same 
accordingly. 


DECREES.  655 

And  his  Lordship  doth  order  that  the  information  as  against  the  De- 
lendaiit  T.  S.  do  stand  dismissed  out  of  this  Court  witli         costs. 

And  as  between  the  relators  and  the  other  Defendants,  it  is  ordered 
and  decreed  that  it  be  referred  to  Mr.  one,  &c.  to  taite  an  account 

of  the  rents  and  profits  of  the  charity  estate,  accrued  since  the  death  of 
J.  B,  son  of  the  Testator  N.  B.  that  have  been  received  by  the  Defen- 
dant R.  L.  and  the  other  Defendants,  or  any  of  them,  or  by  any  other, 
&c.  to  make  all  just  allowances,  &c.  and  partic-larly  an  allowance  of, 
&c. 

And  it  is  ordered  and  decreed  that  what  shall  be  coming  on  the  ba- 
lance of  the  said  account  be  divided  into  two  equal  moieties,  whereof 
one  moiety  is  to  be  paid  to,  or  retained  by  the  Defendant  the  corpora- 
tion of  C,  according  to  Testator's  will,  and  the  other  moiety  is  to  be 
paid  or  retained  by  the  Defendants,  the  ministers  of,  &:c.  for  the  chari- 
table purposes  devised  by  said  will,  concerning  the  moiety  to  be  paid 
to  the  minister  of  those  parishes. 

And  it  is  ordered  that  any  of  the  relators  and  the  corporation  of  the 
city  of  C.  do  produce  before  the  said  master  a  scheme  or  schemes  for 
the  application  of  what  shall  be  coming  ou  the  balance  of  said  accounts 
for  the  moiety  of  said  rents  and  profits  for  the  poor  inhabitants  of  the 
said  city  of  C,  and  also  for  that  moiety  of  the  growing  rents  and  profits 
of  said  charity  estate,  in  such  manner  as  may  be  most  beneficial  for  said 
poor  inhabitants,  and  the  said  master  is  to  state  the  same  with  his 
opinion  thereon.  » 


Trustees  of  a  Charity  being  reduced  to  a  small  Number  others  appointed. 

And  the  number  of  the  trustees  mentioned  in  the  last  conveyance 
of  the  said  charity  estate  being  reduced  to  six,  let  eighteen  other 
proper  persons  of  the  borough  of  C,  or  inhabiting  near  thereto,  be  ap- 
pointed, with  the  approbation  of  the  master,  to  be  feoflees  and  trustees 
of  said  charity  estate,  and  let  the  relators  and  Defendants  be  at  liberty 
to  propose  proper  persons  before  the  master  for  that  purpose. 

And  when  eighteen  such  persons  shall  be  appointed  by  said  master, 
let  Defendants,  the  surviving  trustees,  convey  the  said  charity  estate  to 
said  eighteen  persons  and  their  heirs,  to  and  upon  the  charitable  uses 
and  trusts  declared  in  the  said  schedule  annexed  to  the  of 

tlie  .     And  let  the  master  settle  the  conveyances 

in  case  the  parties  differ  about  the  same. 


Another. 
And  it  being  admitted  the  trustees  of  said  charity  were  reduced  to 
three,  it  was  ordered  that  nine  proper  persons  should   be  appointed, 
with  the  approbation  of  the  said  master,  to  complete  the  said  nmu- 


654  DECREES. 

ber  of  twelve,  and  when  such  persons  should  be  appointed,  the  three 
remaining  trustees  should,  with  the  approbation  of  the  master,  make 
conveyance  of  said  charity  estate  to  the  use  of  themselves,  and  the  new 
trustees,  so  to  be  appointed,  subject  to  the  same  charitable  uses  and 
trusts. 

Wliere  Executors  have  paid  Debts  and  Legacies,  to  stand  in  the  Place  of 
Creditors  and  Legatees. 
And  in  case  it  shall  appear  that  Defendant  has  paid  any  of  the  debts 
and  legacies  of  the  said  Testator  let  him  stand  in  the  place  of  such  cre- 
ditors and  legatees  to  have  an  allowance  or  receive  satisfaction  pro  tant» 
out  of  said  Testator's  estate,  in  like  manner  as  such  creditors  and  le- 
gatees would  have  been  entitled  to  receive. 


Decree  for  appointing  a  Receiver. 

And  the  said  master  is  to  appoint  a  receiver  for  one  moiety  of  the 
estates  in  question,  and  allow  him  a  reasonable  salary  for  his  care  and 
pains  therein,  such  person  to  be  appointed  receiver,  first  giving  security, 
to  be  allowed  of  by  the  master,  and  to  be  taken  before  a  master  ex- 
traordinary in  Chancery  in  the  country,  if  there  shall  be  occasion,  duly 
and  annually  to  account  for,  and  to  pay  what  he  shall  so  receive,  as  the 
Court  shall  direct ;  and  the  tenants  of  the  said  estates  are  to  pay  their 
rents  in  arrear,  and  growing  rents  to  such  receiver,  who  is  to  be  at  liberty 
to  let  and  set  the  said  estates,  from  time  to  time,  with  the  approbation 
of  the  said  master,  as  there  shall  be  occasion  ;  and  the  said  receiver  is 
to  pay  the  balance  of  his  accounts,  from  time  to  time,  into  the  Bank, 
subject  to  the  further  order  of  the  Court. 


Decree  on  the  Reservation  on  further  Directions — Master  to  compute 
subsequent  Interest  on  the  Debts  as  carried  Interest,  and  certain  Sums 
of  Stock  to  be  sold  and  applied  in  Payment  of  Debts — Executor  to 
pay  into  Court  lohat  is  reported  due  from  him  to  Testator's  Estate — 
Consignee  to  pass  his  Accounts,  and  out  of  Profits  to  pay  growing 
Interest  and  arrears  of  Annuities,  and  tax  all  Parties  their  Costs, 
which  are  to  be  paid  by  Consignee,  out  of  Profits  of  Estate — further 
Reservation  as  to  Lessee,  Legacies,  8{c. 

His  Honor  did  order  that  it  should  be  referred  back  to  the  said 
master  to  compute  subsequent  interest  on  such  of  the  debts  of  the 
Testator  W.  M.  B.  mentioned,  in  the  first  schedule  to  his  general  re- 
port, dated,  &c.  wlhereon  interest  is  thereby  computed ;  and  also  to  take 
an  account  of  any  other  debts,  due  from  the  said  Testator  at  his  death, 
remaining  unpaid,  and  not  mentioned  in  the  said  first  schedule  to 
the  said  report.     And  it  was  further  ordered  that  the  sum  of  £ 


DECREES.  657 

Banks  per  cent.  Annuities,  standing  in  the  name  of  the  said  Accountant- 
General  in  trust  in  the  said  cause,  "  the  account  of  the  said  Testator's 
real  estate"  should  be  sold  witii  the  privity  of  tiie  said  Arcountant-Cie- 
neral,  and  the  money  arising  by  such  sale  paid  into  the  Bank  with  the 
privity  of  the  said  Accountant-General  to  be  there  placed  to  the  credit 
of  the  said  cause  the  like  account ;  and  that  out  of  such  money,  and  out. 
of  the  interest  of  the  said  bank  annuities,  until  such  sale,  and  also  out  of 
the  sum  of  £  cash  in  the  Bank  on  the  credit  of  the  said  cause  "  the 

Testator's  real  estate,"  and  likewise  out  of  the  sum  of  £  cash  in 

the  Bank,  on  the  credit  of  the  said  cause,  tlie  "  Testator's  personal 
estate,"  the  several  creditors  of  the  said  Testator,  or  their  legal  personal 
representatives,  should  be  paid  what  should  be  reported  due  to  them, 
except  the  said  Complainant  W.  H.,  he,  by  his  counsel,  consenting  to 
waive  his  right  or  claim  to  receive  any  part  of  his  debt  out  of  the  said 
bank  annuities  and  cash.  And  it  was  further  ordered,  that  the  said 
J.  F.  B.  should  pay  into  the  Bank  the  sum  of  £  ,  reported  due 

from  him  by  the  said  master's  general  report,  dated,  &c.  on  account  of 
the  personal  estate  of  the  said  Testator,  with  the  privity  of  the  said 
Accountant-General  to  be  there  placed  to  the  credit  of  the  said  cause 
"  the  account  of  the  Testator's  personal  estate."  And  it  was  further 
ordered,  that  C.  S.,  the  consignee  of  the  rents,  profits  and  prodii<  e  of 
the  Testator's  estate  in  the  said  i;^la^d  of  St.  C.  should  be  continued 
and  pass  his  accounts  before  the  said  master ;  and  that  the  said  C.  S. 
should,  out  of  the  profits  and  produce  of  the  said  Testator's  estate 
which  might  come  to  his  hands,  pay  the  arrears  and  growing  interest  of 
the  debt  r^^ported  due  to  the  said  W.  H.,  and  of  the  legacies  given  by 
the  said  Testator's  will  and  codicil,  and  also  the  arrears  and  growing  pay- 
ments of  the  annuities  thereby  given,  and  that  he  should  pay  the  residue  of 
such  rents,  profits,  and  produce,  into  the  Bank  with  the  privity  of  the  said 
Accountant-General,  to  be  there  placed  to  the  credit  of  the  said  cause, 
subject  to  the  further  order  of  the  Court.  And  it  was  further  ordered, 
that  the  said  master  should  tax  all  parties  their  costs  of  this  suit,  other 
than  the  mortgagees  who  had  been  paid  their  costs,  and  that  such  costs, 
when  taxed,  should  be  paid  to  the  solicitors  for  the  said  several  parties 
out  of  the  residue  of  the  money  to  arise  by  sale  of  the  said  l»ank  an- 
nuities, before  directed  to  be  sold,  and  of  the  interest  that  should  accrue 
thereon   until  the  sale  thereof,  and  of  the  said  sums  of  £  and 

£  cash  in  the  Bank  in  the  said  cause,  the  aforesaid  accounts, 

(after  payment  of  the  said  several  creditors,)  and  also  out  of  the  said 
sum  o(  £  ,  before  directed  to  be  paid  into  the  Hank  on  tiie 

account  of  the  personal  estate,  as  far  as  the  same  would  extend,  and  that 
the  residue  of  such  costs  should  be  paid  by  the  said  C.  S.  out  of  the 
rents,  profits,   and  produce  of  the  said  Testator's  estate  in  the  said 

U 


^y^  DECRKEb. 

island  of  St.  C  And  the  usual  directions  were  thereby  given  for  the 
said  Accountant-Gencral  to  draw  on  the  Bank  for  the  purposes  afore- 
said;  and  his  Honor  did  continue  the  reservation  of  any  directions  as  to 
the  question  whether  there  were  any,  and  what  circumstances  affecting 
the  said  Testator's  estate  to  make  it  proper,  any  ways,  and  how  tar,  to 
lessen  the  two  legacies  of  ^6^  each  given  by  the  said  Testator's 

will  to  his  two  daughters  the  said  E.  B.  and  L.  B.  ;  and  also  the  an- 
nuities of  ^  sterling  given  by  the  said  will  to  the  said  D.  M.  G., 
£  St.  C.'s  currency,  thereby  given  to  the  said  L.  F.,  and  also  the 
two  annuities  of  £  each  given  by  the  first  codicil  to  the  Tes- 
tator's will  to  the  said  E.  B.  and  L.  B.  And  his  Honor  did  reserve  the 
consideration  of  any  question  that  might  arise  between  the  creditors  of 
the  said  Testator  respecting  the  jewels  and  ornaments  of  the  person  of 
the  said  Testator's  wife  which  she  usually  wore,  and  of  all  further  di- 
rections ;  and  any  of  the  parties  were  to  be  at  liberty  to  apply  to  the 
Court  as  there  should  be  occasion. 


Decree  Nisi  ichere  Defendant  makes  Default. 
This  cause  coming  on,  &c.  in  the  presence  of  coiuispI  learned,  for  the 
Plaintiff,  no  one  appearing  for  the  Defendant  altliougli  lie  was  duly 
served  with  a  subpoena,  to  hear  judgment  in  this  cause,  as  by  affidavit, 
now  produced  and  read  appears,  the  substance  of  the  Plaintiff's  bill 
appeared  to  be,  that,  &c.  (state  the  bill.)  Whereupon,  and  upo* 
hearing,  &c.  read,  and  what  was  alleged  by  the  counsel  lor  the  Plain- 
tiff, his  Lordship  doth  order  and  decree,  that,  &c.  And  this  decree  is 
to  be  binding  on  the  Defendant,  unless  he,  on  being  served  with  a  sub- 
poena to  shew  cause  against  the  same,  shall  at  the  return  thereof,  shew 
unto  this  Court  good  cause  to  the  contrary  ;  but  before  the  said  Defen- 
dant is  to  be  admitted  to  shew  such  cause,  he  is  to  pay  unto  the  Plaintiif 
his  costs  of  this  day's  default  in  appearance,  to  be  taxed  by  the  mabter. 


Decree  Nisi  where  Defendant,  an  Infant^  makes  Default. 
This  cause,  &c.  (as  before)  unless  the  Defendant,  the  infant,  on  being 
served  with  a  subpoena  to  shew  cause  against  the  same,  shall,  at  the 
return  thereof,  shew  unto  this  Court  good  cause  to  the  contrary ;  and  as 
to  tiie  said  Defendant,  the  infant,  unless  also  he  shall,  within 
months  after  he  shall  have  attained  iiis  age  of  twenty-one  years,  shew 
unto  this  Court  good  cause  to  ilie  contrary  ;  but  before  the  said  Defen- 
dant, now  making  default  is  to  be  admitted  to  shew  cause  against  this 
decree,  he  is  to  pay  unto  the  Plaintiff  his  costs  of  this  day's  default  in 
appearance,  to  be  taxed  by  the  master. 


T  N  D  E  X. 


•m  %  m 


ABSOLUTE,  order  to  make  a  de- 
cree Page  603 

ACCEPTOR  of  an  accommoda- 
tion note  bill  by  agent,  an  indor- 
see, with  notice  to  have  bill  de- 
livered up,  and  an  injunction  l.OJ 

ACCOUNTS  to  be  required  in  a 
bill  filed  for  the  purpose  of  call- 
ing an  attorney  or  agent  to  ac- 
count for  remittances  15 

proper  to  be  required 

in  a  bill  against  the  trustees  of  a 
real  and  personal  estate  for  pay- 
ment of  debts,  &c.  for  a  settle- 
ment of  accounts  respecting  the 
trust  estate  14 

delivered,   pretence 

of  30 

ready   to    pretence 

of  31 

,  bill  for,  against  ex- 
ecutors lOo 

books,  interrogatory 

to  prove  4J0 

ACCUMULATIONS  of  an  estate, 
interrogatories  as  to  51 1 

ADJOURN,  order  to  adjourn  pe- 
tition 610 

ADMINISTRATION,  to  prove 
the  entries  of  491 

ADVERTISEMENTS,  interro- 
gatory to  prove  the  insertion 
of  544 

ADVOWSON,  decree  for  the  par- 
tition of  an  649 

AFFfDAFITthat  the  plaintiff  had 
wi  itings,  but  hath  lost  them,  pro- 
per to  be  annexed  to  a  bill    638 

of  having  committed 

waste  ib. 

by  a  quaker  ih. 

that  an   agreement 

entered  into  is  for  the  benefit  of 
the  infant  G39 

demurrer    for    the 


AFFIDAVIT  annexed  to  a  bill  of 
interpleader  PftS^c  2[)\> 
of  tenants    in   com- 
mon that  they  may  interplead 
302 
— ,  demurrer  to  a  bill  of 


interpleader  for  the  want  of  421 
that  deeds.&c.  are  not 


in  the  hands  of  the  plaintiff  176 

,   observations   upon 

636 
—  that  agreement  ap- 


want  of,  to  a  bill  brought  for  a 
discovery  of  deeds  123 


pears  for  the  benefit  of  the  in- 
fant 639 

AGE  of  children,  &c.  interroga- 
tory to  prove  554 

AGENT,  or  an  Attorney,  ac- 
counts proper  to  call  such  to  ac- 
count 15 

,  interrogatory  to  examine 

498 

AGENCY,  to  prove  481 

AGREEMENT,  bill  to  have  it 
delivered  up,  and  for  a  disco- 
very 220 

,  interrogatories  to 

prove  480 

,  interrogatories  as 

to  the  signing  565 

,  order  to  make  it 

an  order  of  court  605 

,  bill  for  the  speci- 
fic performance  of  72 

ALLOWANCE,  bill  for  92 

AMEND,  a  bill  on  payment  of 
20.^.  costs,  order  for  575 

bill  without  costs,  order 

for  576 

bill,  and  answer  excep- 
tions at  the  same  time  ?i. 

answer,  order  for      577 

AMENDMENTS,  order  for,  upon 
many  occasions  574  to  578 

ANNUITANTS,  bill  by,  for  an 
account  of  timber  sold,  «.^'c.  282 

ANNUITIES,  interrogatory  as  to 
the  payment  of  5G5 

ANNUlTYcreditor.chargingpart 
of  a  bill  filed  by  '27 


11 


INDEX. 


ANNUITY  petition,  to  prove  one, 
or  the  value  thereof,  under  a 
commission  of  bankruptcy 

Page  4  Go 

ANSWER  by  the  heir  at  law  ad- 
mitting the  will  405 

— . to  a  bill  of  revivor,  the 

defendant  being  doubtful  whe- 
ther he  can  admit  assets  405 
put  in   after  exceptions 


taken  and  allowed  to  former  an- 
swer 4ii6 

■  to  bill  of  revivor  not  ad- 
mitting assets  407 

to  bill  of  revivor  and  sup- 
plement 408 

,  stating  birth  of  child,  to 

a  supplemental  bill  409 

,  of  assignees  of  bankrupt 


to  bill  of  supplement  which  made 
them  parties  ib. 

■  of  an  assignee  of  a  bank- 


rupt to  a  bill  of  revivor  and  sup- 
plement 410 
of  a  single  defendant  to 


a   bill   of  revivor    and    supple- 
ment 411 
of  the  attorney-general 


to  a  bill   to  perpetuate  the  testi- 
mony of  witnesses  to  a  will  400 

of  the  heir  at  law  to  a 

suit  412 

part  of,  of  purchaser  to 


bill  for  specific  performance  who 
resists  on  the  grounds  of  a  defec- 
tive title  404 
,  words  of  course  pre- 
ceding 10 

,  order  to  refer  second  592 

,  observations  upon    381 

,  the  concluding  part    10 

,  to  amend,  order  for  577 

,  order  to  answer  sepa- 
rate 586 
an,  by  executors,  deny- 


ing assets  and  stating  that  the 
estate  is  indebted  to  the  execu- 
tors 385 
■ —  of  an  infant  defendant 


admitting  the  allegations  in  the 
bill,  and  submitting  his  rights  to 


the  court 


!8C 


count  and  statute  of  limitations, 
as  a  bar  to  plaintilf 's  demand 
Page  389 
ANSWER  by  an  executor,  an  ac- 
counting party,  to  a  bill  by  lega- 
tee 390 

■ of  executrix  submitting 

to  act  as  the  court  may  direct  393 
of  executrix  submitting 


to  account,  but  denying  assets 

394 

of  a  defendant  trustee 

under  a  nuncupative  will        395 
of  the  attorney-general 


to  the  above  suit,  the  plaintiff 
being  illegitimvste  396 
of  defendant  tru':tee  sub- 


mitting to  act  as  the  court  shall 
direct  397 

of  a  legatee  to  elect  to 

take  under  will  ib. 

to  a  bill  by  wife  against 


husband  for  a  legacy  claiming 
legacy,  husband  an  executor  ad- 
mitting assets  :  joint  answer  398 

by  three  legatees  to  a  bill 

filed  by  trustee  under  settlement 
and  will,  one  defendant  an  in- 
fant 399 
of  mortgagees  of  trust 


premises  to  a  bill  for  an  account 
of  the  trust  properly  401 

to  a  bill  of  foreclosure 

402 
of  the  attorney-general 


insisting  on  a  stated  ac- 


insisting  on  an   escheat  in  case 

no  will  made  and  no  heir  403 
of  the  attorney-general 

on  behalf  of  a  charity  ib. 
of  heir  at  law  to  a  bill  to 

prove  a  will  404 

-,  a  part  of,  to  inquiry  re- 


specting incumbrances,&c.  sche- 
dule of  deeds,  &c.  412 
APPEAL,  petition  of  472 
APPLICATION,  charging  part, 
and  prayer  to  a  bill  that  tenant 
may  be  obliged  to  put  and  keep 
premises  in  repair,  and  injunc- 
tion from  farther  waste,  by 
ploughing  up  contrary  to  the 
terms  of  his  lease  16 


IJJDEX. 


Ill 


iFPORTIONMENT  of  rent,  bill 
of  interpleader  for       Page  306 

ARBITRATION  bond,  bill  to  have 
the  same  cancelled  and  deliver- 
ed up  279 

ASSETS,  answer  to  a  bill  not  ad- 
mitting 407 

ASSETS,  answer  by  a  defendant 
being  doubtful  whether  he  can 
admit  405 

— ,  answer  by  executors  deny- 
ing 385 

5  answer  denying,  willing  to 

account  394 

,  bill  to  have  them  marshall- 
ed 197 

ASSIGNEES  of  a  bankrupt,  bill 
by,  against  bankers  for  an  ac- 
count 186 

of  a  bankrupt,  bill  by 

194 

of  a  bankrupt,  sup- 
plemental bill  against  them  for 
relief  338 

ASSIGNMENT,  bill  to  have  it  de- 
livered  up  to  be  cancelled  for 
want  of  valuable  considera- 
tion 190 

of  effects,  part  of 

a  bill  to  set  the  same  aside      31 

ATTORNEY -GENERAL,  an- 
swer of  396 

at  the 

relation  of  another  person         3 

,  infor- 
mation by  ib. 

AWARD,  order  to  make  it  an  or- 
der of  this  court  611 


B. 


BALANCE  of  a  partnership  ac- 
count, interrogatory  to  prove 
when  made  out  569 

BANKRUPT,  interrogatory  as  to 
his  connection  with  a  partnership 
concern  535 

,  prayer  in  a  bill  a- 

gainst  assignees  of,  for  an  ac- 
count of  separate  estate  59 
,  assignees  of,  answer 


BANKRUPT,  assignees  answer  to 

bill  of  revivor  and   supplement 

Page  410 

BANKRUPTCY  of  defendant  and 
death  of  plaintiff,  bill  of  revivor  in 
consequence  34 S 

,   supplemental  bill 

in  consequence  of  339 

,  plea  of  447 

BANK  of  ENGLAND  in  some 
cases  an  unnecessary  party  by 
40  Geo    III.  c.  36 

BANK,  a  party  to  a  bill  92 

BAPTISM,  interrogatory  to  prove 

523 

BEGINNING  of  a  bill  in  chan- 
cery 3 

of  a  bill  in  the  ex- 
chequer ib. 

of  an  information 

by  the  Attorney-General         ib. 

of  an  information 

by  the  Attorney-General,  at  the 
relation  of  another  person       ib. 

BILL,  various  titles  of  2 

,  observations  on  original  69 

For  Specijic  Performances. 
for  the  specific  performance 


of  an  agreement  73 

—  for  a  specific  performance 
of  a  sale  by  public  auction       74 

—  for  a  specific  performance, 
vendee  against  vendor  "^^ 

—  by  lessee  against  lessor  for  a 
specific  performance  JJ 

—  by  lessee  against  lessor  for 
specific  performance,  and  injunc- 
tion to  restrain  him  in  action  of 
ejectment  79 

for  a  specific  performance, 


by,  to  a  supplemental  bill  which 
made  them  parties  409 


pretence  that  by  reason  of  the 
original  lease  being  lost,  a  good 
title  cannot  be  made,  defendant 
in  possession,  and  ough<  to  be 
charged  with  the  rent,  &'c.  80 
— ,  prayer  to,  for  a  specific  per- 
formance of  an  agreement,  on 
the  faith  of  which  plaintiff  had 
paid  a  large  sum  of  money,  and 
had  also  expended  considerahie 
sums  in  repairs  and  alteretl  the 
premises,  lliat  if  good  title  could 


iv^ 


l.NDKX. 


not  be  made,  plaiiitili"  might  be 
taken  to  be  a  mortgagee  Page  82 
BILL  by  first  vendee  against  ven- 
dor, and  an  after  purchaser,  witli 
Hoticp  charging  him  with  notice  ; 
also  an  injunction  from  cutting 
wood  83 

for  a  specific  performance, 

lessee  against  lessor  88 

For  next  of  Kin. 

by  next  of  kin  against  admi- 
nistratrix, for  an  account  of  in- 
testate's personalty  90 

by  next  of  kin  against  admi- 
nistrators, for  a  distribution  of 
intestate's  personal  estate        91 

by  infants  against  administra- 
trix and  her  husband  for  an  ac- 
count of  intestate's  property  ; 
allowance  ;  guardian  receiver  ; 
bank  a  party  ;  and  injunction  to 
r'^ -train  the  selling  stock;  title 
deeds  to  be  deposited  92 

by  next  of  kin  for  a  distri- 
butive share  against  an  adminis- 
tratrix, and  for  an  injunction  to 
prevent  the  transfer  of  stock,  un- 
der a  suggestion  that  she  meant 
to  leave  the  country  95 

by   one  of  the   next  of  kiii 

against  sin  administrator,  for  an 
account  of  intestate's  estate  and 
distribution  ;  pretence  that  plain- 
tifi^'s  share  was  expended  in  his 
education  and  maintenance     97 

Fo7-  and  against  Executm-s. 

by  husband  of  legatee  against 

an  executor  for  payment  of  le- 
gacy 100 

by  executor  to  establish  will, 

and  carry  the  trust  into  execu- 
tion 101 

— —  to  establish  a  will  and  ac- 
count, and  which  of  the  execu- 
cutors  possessed  himself  of  part 
of  personals  ;  injunction  to  re- 
strain executors  from  receiving 
any  further  parts  ;  receiver  ; 
guardian  ;  allowance  ;  widow 
makes  her  election  i04 


BILLS  by  executors  for  the  direc- 
tions of  the  court        Page  106 

for  an  account  against  exe- 
cutors and  tenant  for  life,  and  to 
have  the  residue  secured  for 
benefit  of  those  interested     108 

by  two  executors  and  trustees 

under  a  will,  to  have  the  trusts 
of  a  will  carried  into  execution, 
there  being  inconsistent  clatms  ; 
one  executor  declines  to  join  in 
the  suit  111 

by  legatees  for  payment  of 

legacies,  and  trusts  of  will  car- 
ried into  execution,  and  to  sup- 
ply the  defect  of  copyhold  sur- 
render 112 

For  and  against  Trustees. 

to  remove  trustees,  one  re- 
fusing to  act,  and  the  other  hav- 
ing applied  part  of  the  trust 
monies  to  his  own  use ;  injunction 
to  restrain  them  from  receiving 
further  sums  ;  for  the  appoint- 
ment of  new  trustees  and  a  re- 
ceiver 116 

for  the  appointment  of  a  new 

trustee  under  a  marriage  settle- 
ment, there  being  no  such  power 
therein  contained ;  trustee  willing 
to  oe  removed  lif 

for  removing  a  trustee  who 

refused  to  act  118 

by  trustee  under  a  marriage 

settlement,  to  have  replaced  in 
the  funds  a  sum  of  stock,  secured 
by  bond  on  the  trusts  of  said 
settlement,  and  applied  to  tho 
uses  of  the  will  of  appointee  119 

-  !)y  a  surviving  trustee  to  be 
discharged  from  trusts  on  the 
ground  of  obstruction  by  the 
hiish?ind  of  cestui  que  trust    121 

by  husband  and  wife  against 

the  trustees  of  their  marriage 
settlement  to  have  the  portion, 
raised  for  younger  children,  paid 

against  trustees    for  sdling 

out  stock  in  their  names,  under  a 
settlement,  which,  being  in  their 
custody,  plaintiffcannot  set  it  out 


INDEX. 


more  fully  ;  account  of  the  divi- 
dends, and  injunction  from  sel- 
ling the  remainder  j  bank  a  par- 
ty Page  129 

For  Ship  Assurance. 

BILL  by  underwriters  for  a  fraud 
practised  uf)on  tliera  in  represen- 
tation of  the  voyage  the  policy 
was  from  to         ,  and  the 

assured  brought  an  action  for  a 
total  loss  on  that  voyage,  when 
in  fact  the  ship's  destined  voy- 
age was  to  ,  where  she 
arrived  and  was  sold  with  her 
cargo  132 

by  underwriters  against  in- 
surers and  their  agents         136 

Upon  Partnership  Concerns. 

BILL  by  one  partner  against  ano- 
ther for  an  account  of  partner- 
ship transactions,  defendanthav- 
ing  entered  into  various  specula- 
tions without  consent  of  the  other, 
and  then  wanting  to  charge  the 
loss  of  such  speculations  to  the 
firm  141 

by  copartners  against  acting 

partner,  who  had  been  arrested 
and  imprisoned  for  debt ;  for  a 
dissolution  and  account ;  and 
injunction  to  restrain  him  from 
collecting  monies  144 

for  dissolution  of  partnership, 

and  injunction  to  restrain  from 
collecting  debts  146 

for  an  account  of  partnership 

dealings  after  dissolution,  and 
for  a  receiver,  &c.  148 

Upon  Promissory  Notes. 

for   an  account  of  principal 

and  interest  due  on  a  promissory 
note :  plaintiff  cannot  sue  at  law, 
note  being  lost ;  a  pretence  that 
defendant  means  to  avail  him- 
self of  the  statute  of  limitations  ; 
charge  thereto  150 

to  have  delivered  up  to  be 

cancelled  certain  bills  of  ex- 
change which  they  had  deliver- 
ed to  A,,  to  get  discounted  for 


them,  but  which  he  had  nego- 
ciated  without  any  consideration 
to  plaintiffs  Page  151 

BILL  by  the  acceptor  of  an  accom- 
modation note  against  an  indor- 
see, with  notice  to  have  bill  d»*- 
livered  up;  and  an  injunction  154 

Mortgage  Matters. 

by  heir  at  law  for  redemp- 
tion of  freehold  lands  158 

of  foreclosure  159 

to  foreclose   and  to  redeem 

a  trust  term  l6l 

by  mortgagee  against  mort- 
gagor lor  delivery  of  title  deeds, 
under  an  undertaking  tor  that 
purpose,  and  an  injunction  to 
restrain  from  defeating  plaintift''s 
priority  by  delivering  deeds  to  a 
second  mortgagee  16G 

by  devisee  of  an  equity  of  re- 
demption against  the  executor 
of  a  mortgagor  who  had  taken 
an  assignment  of  the  mortgage, 
charging  that  the  money  was 
paid  to  the  mortgagee  from  the 
assets  of  the  testator,  the  exe- 
cutor being  also  heir  to  the  tes- 
tator 167 

of  foreclosure  by  the  execu- 
tors of  the  mortgagee  against  the 
mortgagor,  and  his  assignees  171 

for  an  account  and  redemp- 
tion of  mortgaged  premises, 
plaintiff  being  heir  at  law  of 
mortgagor,  and  defendants  per- 
sons in  possession ;  altklavit  of 
plaintiff'  that  he  has  no  deeds  of 
the  premises  173 

to  foreclose,  and  to  have  a 

term  to  attend  the  inheritance 
declared  to  be  in  trust  for  the 
mortgagee  176 

for  an  account  of  mortgage 

money  due,  and  sale  of  mort- 
gaged premises  1T9 

by  heir  of  mortgagor  for  re- 
demption of  copyhold  preinises. 
and  an  account  of  rents  and  pro- 
fits received  by  mortgagee    182 

to  have  goods  re-delivcred 


VI 


INDEX. 


which  had  been  deposited  as  a 
security  for  money  lent  Page  185 

Bankrupt  Matters. 

BILL  by  assignees  of  bankrupt 
aL'^ainst  bankers,  for  an  account 
of  money  produced  by  sale  of 
estates  which  were  assigned  to 
them  for  paying  certain  bills 
which  they  accepted  for  the 
bankrupt  186 

— —  by  assignee  of  bankrupt  to 
have  an  a«siirnment  of  lease  of 
premises  delivered  up  to  be  can- 
celled, which  ihe  bankrupt  as- 
signed to  the  defendant  a  short 
time  previous  to  his  bankruptcy; 
charge  for  want  of  valuable  con- 
sideration, lyo 

by    assignees   of  bankrupt, 

against  executors  of  bankrupt's 
father  for  an  account,  and  that 
the  residue  of  the  estate  may  be 
secured  and  invested  for  benefit 
of  his  creditors  194 

For  Creditors. 

by  simple  contract  creditors 

against  administrator,  and  per- 
sonals insuflkient,  assets  mar- 
shalled 197 

by  specialty  creditor,  against 

administrator  and  heir  at  law  of 
intestate,  for  sale  of  mortgage 
premises,  to  pay  off  mortgage 
as  far  as  they  will  exteixi,  and 
in  case  of  deficiency,  to  be  ad- 
mitted a  creditor  on  the  general 
assets  of  intestate  ;  and  also  for 
payment  of  an  annuity,  secured 
by  other  premises,  and  that  they 
may  be  sold  ;  and  in  case  of  de- 
ficiency, to  be  admitted  a  cre- 
ditor on  the  general  assets  of  in- 
testate, judgment  having  been 
entered  up  200 

by  a  bond  creditor  for  pay- 
ment out  of  a  trust  estate,  de- 
vised on  failure  of  personal  as- 
sets, that  deeds,  &c.  may  be  set 
out  203 
—  by  trustees,  as  creditors, 
against  executor  of  debtor,  who 


acted  as  the  receiver  ot  the  rents 
of  lands,  which  they  held  in  trust 
for  the  Algebra  lecturer  in  the 
university  of  Cambridge 

Page  208 

BILL  by  creditors  against  execu- 
tors for  payment  of  debts  due  by 
testator,  or  an  account  of  per- 
sonals 210 

by  trustees  under  an  assign- 
ment for  creditors,  for  a  disco- 
very to  go^  to  trial,  defendant 
having  pleaded  set-off,  and  in- 
troduced items  which  ought  not 
to  be  charged  against  them  as 
trustees  211 

to  oblige  a  creditor  to  accept 

a  dividend  made  under  a  deed 
of  trust,  in  satisfaction  of  his 
original  deniand,  defendant  hav- 
ing signed  articles,  though  not 
the  deed  of  trust,  refusing  to  sign 
the  deed  under  pretence  (if  some 
variation  of  the  trust,  and  that 
before  he  had  assigned  over  the 
debts  TO  his  lather,  for  the  be- 
nefit of  all  his  creditors  214 

For  cancelling  instruments. 

to  deliver  up  agreement  to  be 


cancelled  and  for  a  discovery  220 
by  lessee  to  have  an  agree- 


ment delivered  up  to  be  cancel- 
led, whicli  assigned  away  tlie  re- 
mainder of  his  lease  contiary  to 
his  intention,  he  not  being  able 
to  read  or  write,  and  an  injunc- 
tion to  restrain  action  of  eject- 
ment 224 

to  set  aside  indentures,  which 

conveyed  away  an  estate  ali^o- 
lutely  though  they  were  intend- 
ed to  operate  only  as  a  security 

■*•  for  a  certain  sum  of  money  226 

by  heir  at  law  to  set  aside   a 

bill  and  surrender  of  copyhold, 
as  obtained   by  fraud  2oO 

by  a  widow  to  have  a  bond 

delivered  up,  which  her  husband 
had  given  to  his  father,  charging 
that  it  was  meant  as  a  security 
for  a  return  of  part  of  the  fortune 


INDEX. 


Vll 


■which  defendant  had  pretended 
to  give  him  on  his  marriage  236 
BILL  to  have  a  bond  doHvered  up 
to  be  cancelled,  which  was  ob- 
tained by  misrepresentation,  and 
injunction  from  proceeding  on 
the  said  bond  Page  238 

For  Bond-Creditors. 

by  bond  and  simple  contract 

creditors    against    an    executor 

241 

"^ by  a  bond  creditor  against 

trustees,  under  an  asi^ignment  of 
joint  and  separate  debts  for  an 
account  of  separate  estate  of 
obligor,  and  to  be  paid^vc/'/ w«i'.sj< 
with  the  other  creditors,  and  al- 
so an  account  of  the  joint  trust 
property  244 

— ' by  a  bond  creditor  against 

executor  of  obligor  for  satisfac- 
tion out  of  real  and  personal  es- 
tate, and  against  co-obligor,  to 
supply  tlie  deficiency  21 S 

by  bond  creditor  against  heirs 

at  law  and  residuary  legatee,  for 
payment  by  sale  of  estate      252 

to  have  a  bond  and  other  se- 
curities delivered  up,  part  of  the 
consideration  being  money  won 
at  play  254 

For  Infants  and  Lunatics. 

— - —  to  have  a  sura  of  money,  which 
was  a  specific  legacy,  and  ap- 
propriated, invested  in  the  ac- 
countant-general for  the  benefit 
of  infants,  guardian  allowance, 
&c.  258 

— —  by  infant  and  next  friend,  lo 
carry  the  trusts  of  her  father's 
will  into  execution,  and  for  a  re- 
ceiver. Infant  was  also  tenant 
in  tail  of  lands  under  the  will  of 
her  grandiather  259 

for  the  transfer  of  stock  stand- 
ing in  the  name  of  the  account- 
ant-general which  had  belonged 
to  a  lunatic  deceased  26:> 

--^ to  rai-;e  a  sum  of  money  which 

had  been  paid  by  plaintifl",  tenant 
for  life,  under  a  will  ta  make  up 

Q 


a  legacy  charged  on  such  estate, 
the  next  tenant  in  tail  being  an 
infant,  freehold,  copyhold,  re- 
versions, personals       Fage  267 

For  Legatees. 

BILL  by  legatees  against  executors 
for  payment  of  legacies,  and  to 
account  271 

by  residuary  legatees  against 

executors,  to  establish  a  will  for 
the  usual  accounts,  that  execu- 
tors may  be  charged  with  any 
losses  for  not  laying  out  money 
as  directed  ;  that  widow  may 
sign  and  deposit  an  inventory  of 
household  furniture  to  which  she 
was  entitled  for  life  274 

by   a  wife  against  executor 

and  her  husband  lor  a  legacy  left 
to  her  sole  and  sei)arate  use  278 

To  set  aside  an  Award. 

to  have  arbitration  bonds  de- 
livered up  to  be  cancelled,  the 
award  being  void,  and  an  in- 
junction from  proceeding  on  said 
bonds  279 

For  Annuities. 

by  annuitant  for  an  account 

of  money  produced  by  sale  of 
timber,  it  having  been  felled  for 
the  purpose  of  redeeming  his 
annuity,  and  the  trustees  hHving 
applied  it  in  discharge  of  the 
arrears  of  another  annuity     282 

for  dower  28G 

For  Literary  property. 

to  restrain  from  printing  and 

pui-jlishing  the  trial  of  lord  vis- 
count IM.,  the  exclusive  right 
having  been  given  to  j)laintifi"=  by 
the  chancellor  by  order  of  the 
house  of  lords  ;  and  for  an  ac- 
count 288 

by  the  owner  of  a  musical 

copyright  against  a  dealer  in 
music,  who  had  iitfringed  his 
riffht :  inauirv  as  to  books,     291 


t)0 


VIH 


liNDEX. 


Of  Interpleader. 

BILL  of  interpleader  by  tenant 
for  payment  of  rents  of  leased 
premises,  with  affidavit  annexed 

298 

of  interpleader  by  a  tenant, 

whose  goods  had  been  distrain- 
ed by  one  of  two  tenants  in  com- 
mon, for  the  whole  rent  due  after 
he  had  notice  from  the  other 
tenant  in  couniion  not  to  pay  his 
rent  to  the  person  distraining  300 

of  interpleader  by  executors, 

whose  testator  was  possessed  of 
certain  trust  monies,  and  for 
which  a  bill  in  equity  had  been 
filed  by  the  heir  at  law  of  cestui 
que  trust,  and  an  action  at  law 
brought  by  the  husband         303 

of   interpleader  by  tenants, 

against  executors  under  a  will, 
and  trustees  under  a  deed,  and 
against  an  infant  tenant-in-tail, 
the  trustees  claiming  an  appor- 
tionment of  the  rent  to  the  death 
of  tenant  for  life,  and  the  execu- 
tors claiming  the  whole  half- 
year's  rent  for  the  infant  tenant- 
in-tail,  and  an  injunction  to  re- 
strain them  from  proceeding  at 
law  306 

Certiorari. 

to  remove  a  cause  from  the 

lord  mayor's  court  into  the  high 
court  of  chancery  3  1 2 

To  perpetuate  Testimony. 

to  perpetuate  the  testimony  of 

witnesses,  observations  upon  313 

to  perpetuate  the  testimony 

of  witnesses  to  a  will  317 

to   examine   plaintiff's   wit- 

.  nesses  to  perpetuate  tlieir  testi- 
mony as  to  boundaries  of  plain- 
tiff's estate  315 

. to  perpetuate  testimony  of  wit- 
nesses as  to  a  marriage         318 

Discovery. 

of  discovery,    observations 

upon  321 


BILL  to  force  a  discovery  of  deeds 
Page  323 

Supplemental. 

of  revivor  and  supplement, 

observations  on  329 

-,  supplement,  stating  a  further 


error  in  printed  particular,  and 
claiming  a  further  compensation 

333 
—  supplement,  defendant  hav- 
ing commenced  an  action  of 
ejectment  since  filing  original 
bill,  and  an  injunction  from  pro- 
ceeding in  said  action 


of  supplement,  in  the  nature 
of  an  original  bill,  for  a  legacy 
of  stock  given  to  I.  L,  in  case  he 
should  claim  it  within  7  years  335 
supplemental,   for  relief  a- 


gainst  the  assignees  of  a  bank- 
rupt 338 
- — ,  supplemental,  in  consequence 
of  the  bankruptcy  of  a  defendant 

339 

Revivor. 

of  revivor  upon  the  dejfti:  of 

plaintifil',  by  his  administrator, 
the  executors  under  his  will  hav- 
ing renounced  3-10 

of  revivor  upon  death  of  a 

defendant  341 

of  revivor  upon  the  marriage 

of  female  plaintiff,  stating  ex^ 
ceptions  and  amendments,  &;c. 

342 

— , —  of  revivor  against  heir-at-law 
of  a  mortgagor  entitled  to  equity 
of  redemption  against  real  estates 

31;; 

of  revivor  against  personal 

representative  of  a  defendant, 
who  died  before  putting  in  an- 
swer to  original  bill  345 

Revivor  and  Suppiement. 

of  supplement,  in  the  nature 

of  a  bill  of  revivor  34G 

of  revivor  and   supplement 

upon  the  death  of  one  plaintiff, 
and  upon  a  defendant  becoming 
a  bankrupt  34S 


*NDEX, 


IX 


BILL  of  revivor  and  supplement 
for  the  purpose  of  prosecuting 
decree  for  an  appointment  of  re- 
ceiver, and  for  various  ac- 
counts Page  349 

Cross. 

,  cross,  observations  upon  354 

,  cross,  wliere  a  person  is  sued 

to  account  exlu!)ited  by  the  de- 
fendant against  the  complainants 
to  produce  papers,  and  discover 
who  hath  acted  in  an  executor- 
ship 355 

Review. 


of  review,  observations  upon 
359 

to  review,  revise,  and  answer 
361 


To  prosecute  Decrees. 

■ to  carry  decree  into  execution, 

observations   upon  .'j62 

of  supplement  by  infants  a- 

gainst  trustees,  &c.  to  prosecute 
decree,  and  defendants  to  be 
charged  with  monies  that  they 
ought  to  have  laid  out  363 

by  an  administratrix  for  an 

account,  and  to  revive  a  decree 
and  carry  it  into  execution    367 

BIRTH,  answer  to  a  supplemental 
bill  stating  the  birth  of  a  child 

409 

,  the  registry  of,  to  prove 

490 

BOND  creditor,  petition  by     46 1 

,  prayer  to  prevent  proceed- 
ing upon  65 

,  interrogatories   as  to  the 

reason  for  executing  5 08 

or  deed,  to  prove         523 

BOOKS,  statement  that  defendant 
hatli  them  I6 

,  inquiry  as  to  ^6. 

BOUNDARIES,  bill  to  perpetuate 
testimony  relative  to  315 

BUILDING,  information    by   the 
attorney-general  to  restrain  376 

burial's, Registry  to  prove    490 


C. 


CANCELLED,  bill  to  have  a  bond 

Page  238 

CAPIAS  in  withernam^  order  for 

613 

CAPTAIN  of  a  packet,  interroga- 
tory as  to  the  passage  of  one  of 
his  passengers  562 

CAUSE  order  to  speed  601 

CERTIORARI,  Older  for        6l3 

■ bills,  observations 

upon  310 

CHARGES  in  a  bill  against  an 
executor  as  to  an  account  and 
balance  due,  the  account  sche- 
duled in  the  bill  25 

and  pretences  of  va- 
rious kinds  in  a  bill  of  foreclo- 
sure 162 

CHARGE  in  a  bill  brought  by  the 
heir  of  the  supposed  testator,  in 
order  to  set  aside  the  will,  as  be- 
ing obtained  by  fraud  and  im- 
position, the  supposed  testaior 
having  lost  the  use  of  his  intel- 
lects, defendants  set  up  the  will 
and  insist  it  was  duly  executed 

26 

of  not  a  valuable  consi- 
deration 40 

• of  notice  on  the  purch.as- 

ing  an  estate  175 

of  fraud  and  confederacy 

4 

,  if  papers.  Sec.  produced. 

plaintiff's  title  would  appear  22 

CHARGING  part  of  a  bill  fded 
by  an  annuity  creditor,  against 
the  trustees  under  a  deed  em- 
powering them  to  sell  and  fall 
timber  for  repurchasing  the  an- 
nuity, charging  them  with  mis- 
apf)lication,  inasmuch  as  they 
applied  the  produce  of  the  sale 
in  discharging  the  arrears  of  an- 
other annuity  under  an  indemni- 
ty 27 

CII/VRITY,  answer  ofthc  atlorne}' 
general  on  behalf  of  '103 

' decree  to  establi.'-h  t!54 

CLAUSE  which  gives  cognizance 
i-n  equity  ♦') 


INDEX. 


CLERK  in  court,  order  for  him  to 
attend  with  record  of  a  bill,  that 
it  may  be  taken  pro  covfesso  598 

COMMISSION  to  examine  wit- 
nesses abroad,  conclusion  and 
prayer  of  a  bill  for  64 

,  order  for,  to  distin- 
guish freeholds  from  copyholds 

G07 

COMMISSIONERS  of  bankrupt, 
petition  to  call  a  meeting  of,  to 
prove  a  debt  455 

COMMITTEE,  order  to  answer 
by  584 

CONCILIUM,  order  that  proceed- 
ings in  petty-bag  oflke  may  be 
made  so  6l7 

CONCLUDING  part  of  a  bill  for 
a  settlement,  and  to  restrain  pro- 
ceeding on  a  bond,  wliicli  had 
been  given  as  a  security  by  the 
plaintifls  for  the  keeping  certain 
accounts  Gj 

part  of  an  answer 

of  next  of  kin  to  bill  of  revivor 
and  supplement  by  eldest  brother 

413 

CONCLUSION  of  a  bill  for  a 
commission  to  examine  witnes- 
ses abroad  G4 

of  a   bill    against 

trustees  for  converting  monies, 
which  stood  in  their  names,  to 
their  own  use.  66 

to  a  bill  for  a  spe- 


cific performance,  vendee  objects 
to  title,  charge  that  he  makes 
difticulty  to  delay  completion  by 
reason  of  the  fall  of  stocks  81 
CONSIDERATION  of  a  bond  in- 
terrogatory to  prove,  and  when 

CON  V  E  RS  ATION,  interrogatory 
to  prove  482 

CONVEYANCE  and  receipt  for 
consideration-money,  interroga- 
tory to  prove  566 

COPYRIGHT  of  a  musical  publi- 
cation, bill  for  291 

COURT,  answer  by  an  executrix, 
submitting  to  act  as  the,  (fee.  393 

,   answer  submitting  an 

infant's  right  tojts  protection  388 


COURT,  bill  by  an  executor,  ftw 
the  direction  of  Page  106 

CREDITORS,  decree  for  the  ap- 
plication of  testator's  personal 
estate  647 

,  petition  by,  for  leave 

to  come  in  and  prove  their  debts 
after  the  time  limited  by  the 
court  had  expired,  stating  they 
had  not  seen  the  advertisements 

469 
interrogatories  exhi- 


bited by,  before  a  n^  aster      519 

,  bill  by  trustees,  for 

their  benefit,  &c.  211 
,  bill  by,  against  exe- 
cutor of  debtor                        210 

,  by  specialty,  for  sale 

of  property,  tScc.  200 

petition   by,  against 


assignees  under  a  commission  of 
bankrupt  461 

,    by  simple  contract, 

bill  by  197 

,  bill  to  oblige  one  to 

accept  a  dividend  214 

,  by  bond,  bill  by,  for 

payment  205 

CROSS  bill,  observations  upon  354 

bill,  order  for  time  to  an- 
swer 584 

D. 

DEATH  of  plaintifl'and  bankrupt- 
cy of  Defendant,  bill  of  revivor 
in  conse(iiience  of  348 

of  plaintiff  bill  of  revivor 

in  consequence  of  340 

—  •  —  of  a  defendant,  bill  of  re- 
vivor in  consequence  of         341 

DEBTS  due,  interrogatories  as  to 

508 

owing  by  a  testator,  inter- 
rogatories as  to  509 

DECREES,  the  form  of,  and  man- 
ner of  drawing  the  same       640 

DECREE,  bill  of  revivor  and  sup- 
plement, for  purpose  of  prosecut- 
ing 349  &  363 

,  bill  to  revive  and  carry 

it  into  execution  2>G7 

on  act  of  parliament  for 


INDEX. 


XI 


the  more  easy  redemption  of 
mortgages  Pa^e  61!') 

DEC  HE  E,  pro  confesfio.  defendant 
being  brought  by  alias  jjlurics 
habeas  corpus  ib. 

•— — ,  pro  confesso,  as  to  one 

defendant,  and  heard  as  to  others 

646 

.  to  a  bill  by  creditors  for 

the  application  of  testator's  per- 
sonal estate  647 

of  foreclosin'e  ib. 

of  redemption  where  the 


mortgagee  had  been  for  years  in 

possession  648 
for  a  partition  ;   infants 

to  have  a  day  to  shew  cause  649 
for  a  partition  of  an  ad- 

vowson  ib. 

-,  opening  stated  accoimt, 


and   directing  general  accounts 

650 
to  set  out  dower,  and  to 


account  for  one  third  of  the  rents 
and  profits  of  the  estate  accrued 
since  the  death  of  the  husband 

ib. 
to  confirm    jointure  by 


consent,  the  lands  having  been 
specified  in  the  settlement  6'il 
to  set  out  jointure,  joint- 


ress enlilledin  equity  only,  mas- 
ter to  set  it  out  6o2 
for  an  account  and  dis- 


tribution of  testator's  personal 
estate,  if  not  sufficient  to  [jay 
tlie  debts  and  legacies,  then  the 
rents  of  real  estate  received  by 
teimnt  for  life  to  keep  down  the 
interest,  and  the  principal  to  be 
raised  by  sale  or  mortgage      ib. 

for  an  account  of  rents 

and  profits :  personalty ;  re- 
ceiver ;  &c.  654 

for  establishing  a  cha- 
rity ib. 

,    trustees   of  a  charity 


being  reduced  to  a  small  number, 
others  appointed  655 
,    where  executors  have 


paid  debts  and  legacies,  to  stand 
in  the  place  of  creditors  and  le- 
gatees 656 


DECREE  for appointinga  receiver 
Pa^^e  6b6 

on  the   reservation    on 

further  directions ;  master  to 
compute  subsequent  interest  on 
the  debts  as  carried  interest,  and 
certain  sums  of  stock  to  be  sold 
and  applied  inpayment  of  debts; 
executor  to  pay  into  court  what 
is  reported  due  from  him  to  tes- 
tator's estate  :  consignee  to  pass 
his  accounts,  and  out  of  profits 
to  i)ay  growing  interest  and  ar- 
rear  of  annuities,  and  tax  all 
parties  their  costs,  which  are  to 
he  paid  by  consignee  out  of  pro- 
fits *of  estate;  further  reserva- 
tion as  to  lessee,  legacies,  &c. 

lb. 

7iisi,    where    defendant 

makes  default  658 

nisi,    where  defendant, 

an  infant,  makes  default  ib. 

DEEDS,  interrogatories  to  prove, 
by  subscribing  witnesses        495 

,  interrogatory  to  prove  the 

finding  of  [)66 

,bill  for  the  discovery  of  323 

DEFAULT,  where  defendant 
makes,  a  decree  in  that  case 
nisi  658 

DEFECTIVE  title  in  a  vendor, 
interrogatory  as  to  529 

DEFENDANT,  a  single  answer 
by,  to  a  bill  of  revivor  and  sup- 
plement 411 

,  order  to  examine 

588 

DEMURRER,  observations  upon 

415 

,  for  want  of  parties 

4J9 

for  want  of  equity 

ib. 

,  because  the  disco- 
very sought  may  subject  the  de- 
fendant to  penalties,  which  the 
plai)iliff  has  not  waived  tb. 

and  answer,  seve- 


ral, of  B.  C.  wife  of  T.  C.  a  lu- 
natic, one  of  the  defendants,  to 
the  bill  ofcomplaintof  S.  E.  com- 
plainant 420 


xu 


INDEX. 


DEMURRER  to  a  bill  of  inter- 
pleader for  want  of  the  usual  af- 
fidavit, that  plaintiff  does  not 
collude  with  any  of  the  defen- 
dants Page  42] 

to  a  bill  relating  to 

distinct  matters  422 

,   conclusion   of  an 

answer  insisting  that  the  plain- 
tifi'is  not  entitled  to  relief  in  equi- 
ty, and  claiming  the  benefit  of 
that  defence  as  if  the  bill  had 
been  demurred  to  ib. 

,  wiiere  tlie   defen- 


dants arecharged  with  felony  or 
compounding  felony  423 

— for  want  of  parties, 

and  for  want  of  an  affidavit  to  a 
bill,  brought  for  a  discovery  of 
a  deed  ib. 

for,  that  the  plain- 


tiffs have  not  entitled  themselves 
to  prosecute  424 

,  plea  and  answer  to 

a  bill  seeking  relief  against  a 
vvill,  whereby  a  personal  estate 
is  devised,  being  proved  in  the 
ecclesiastical  court,  and  the  will 
pleaded  in  bar,  and  for  want  of 
equity  425 

,   order  to  adjourn 

G12 

and  answer       420 


DEPOSITIONS,  order  to  use  689 

DIRECTION'  of  a  bill  in  chancery 
to  the  Lord  High  Chancellor  -2 

■ if  the  seals  be  in  com- 
mission ib. 

of  a  bill  in  the  court  of 

excheqtier  ib. 

of  a  bill  in  chancery 

of  the  great  sesi^ious  ib. 

of  a  bill  in  the  chan- 

cerv  of  Lancaster  ib. 

DISCLAIMER  and  answer     451 

DISMISS,  bill  to,  for  want  of  pro- 
secution, order  for  575 

DISTRIBUTION  of  testator's  per- 
sonal estate,  decree  for,  if  not 
sufficient  to  pay  the  debts  and 
legacies,  tlien,  &c.  C)')2 

DISTRINGAS,  order  for         595 

DOWER,  decree  to  set  out  and  to 


account  for,  since  the  husband'* 
death  Page  650 

E. 

EJECTMENT,  injunction  from 
proceeding  in  bill  for  334 

ELECTION,  order  for  either  to 
proceed  at  equity  or  law       591 

ENTITLE  to  sue  demurrer,  be- 
cause defendants  have  not  en- 
titled them  to  sue  424 

ENTRIES  and  letters,  charge  and 
inquiry  as  to  4G 

EQUITY,  demurrer  for  want  of 

419 

ESCHEAT,  answer  of  the  attor- 
ney-general claiming  one      403 

ESTATE,  the  possession,  inter- 
rogatoi'v  to  prove  570 

EXAMINE  WITNESSES,  de  be- 
ne esse,  order  to  588 

EXCEPTIONS  to  a  master's  re- 
port, words  of  course  before   13 

,  answer  after,  they 

having  been  allowed  406 

,    to  accept,    order 

for  579 

,  to  refer,  order  for 

ib. 

' ,  order  on  arguing 

G08 

,  order  to  answer  GlO 

EXCHANGE,  bill  of,  bill  to  have 
the  same  destroyed  151 

EXECUTORS,   charges  against 

25 

decline  to  join  in 

the  suit  111 

interrogatory  to  ex- 
amine 508 

EX  HIBITS,  interrogatory  to  prove 
them  548 

,  order  to  prove     602 


F. 


FELONY,  demurrer  to  a  bill  where 
defendants  are  charged  with  423 

FEME  COr£R TO  separately,  or- 
der to  examine  605 

FLEET,  petition  to  be  discharged 
from  471 


INDEX. 


Xili 


FLEET,  order  for  the  commitment 

to  ^"g<^  ^8S 
,  order  for  habeas  corpus  to 

turn  a  defendant  over  to  llie  599 
FOOT-WAY,  information  against 

opening  it  as  a  carriage-wav  37S 
FORECLOSURE,  prayer  for  .'j6 

'■ — ,  bill  for  159 

,  bill  for,  by  the 

executors  of  the  mortgagee  171 
,  bill  of;  answer 

to  402 
,  decree  of    647 


FORMA  PAUFEBIS,  order  to 
admit  a  defendant  as,  in      590 

FREIGHTAGE  of  a  ship,  inter- 
rogatory to  prove,  as  well  as  the 
expense-s,  &c.  660 


G. 


GAMING,  a  bill  to  have  a  bond 
delivered  up,  it  being  given  for 
money  won  at  play  254 

,  money  won  at         256 

GOODS  sold,  delivered,  and  njo- 
ney  lent,  interrogatory  to  prove 

475 
GUARDIAN,  bill  for  92 

to  be  appointed    258 

,  receiver,  and  main- 
tenance, bill  for  259 
,  order  to  assign    6b'6 

H. 

HABEAS  CORPUS,  order  for, 
defendant  not  being  able  to  give 
security  on  A"e  exent  regno     614 

directed  to  a 

gaoler  in  a  county  palatine     ib. 

HEIR  at  lavr,  bill  by,  to  set  aside 
~a  will,  and  surrender  of  copy- 
hold, as  obtained  by  fraud    2^30 

,  answer  of,  admit- 
ting the  will  405 

HUSBAND,  bill  to  be  relieved 
from  the  trusts  on  account  of  ob- 
structions by  121 

and  WIFE,  joint  an- 
swer to  a  bill  for  a  legacy     398 


IDENTITY  of  a  person,  interro- 
gatory to  prove,  under  a  mar- 
riage settlement  Page  5'J3 

ILLEGITBIACY,  pretence  of; 
charge  to  the  contrary  33 

IMPERTINENCE,  order  to  refer 
a  bill  for  587 

INCLOSURE,  interrogatories  as 
to  561 

INCUMBRANCES,  inquiry  after 
such  as  concern  real  estates  53 
interroga- 


tories as  to,  upon  an  estate  in 
the  West  Indies  517 

INDORSEMENTS,  interrogato- 
ries to  prove  495 

INFANTS,  order  to  inquire  whi<  h 

suit  is  most  for  their  advantage 

608 

,  bills  for         258  to  270 

,  bill  by,  against  admi- 
nistrators <)2 

INFORMATION,  tide  of  3 

by  the  attorney- 

genei  al  to  restrain  building  37G 

— — — against  opening 

a  foot-way  for  a  carriage  road 

INJUNCTION  on  attachment,  or- 
der for  573 

■ on  attachment  for 

want  of  answer  ib. 

from  printing  books, 

order  for  574 

— - — ,  order  to  dissolve 

ib.  606 

INQUIRY  whether  the  defendant 
hath  not,  in  his  custody  or  power, 
the  account  of  books,  papers,  or 
paper-writings,  of  his  real  and 
personal  estate  16 

relating  to  letters  and 

papers  wilfully  burnt  and  de- 
stroyed 23 

as  to  letters  concerning 

the  sal<^  of  a  ship's  cargo        24 

as  to  suflcringa  recovery 

34 

— ^ as  to  the  execution  of  a 

deed  or  other  instrument         36 


XIV 


INDEX. 


INQUIRY  respecting  the  execu- 
tion g{  a  will  Page  45 
for  an  account  of  writ- 
ings concerning  entries    made, 
&c.  47 

— as  to  title  to  real  estates 

^  50 

after  interest  made  of 

personal  estate  52 

after  title  to  real  estate 

51 

after  personal  estates  52 

after   incumbrances  on 

real  estates  53 

after  persons  entitled  to 


any  legal  or  equitable  interest 
in  lands  54 

. after  real  estate  ib. 

after    fines   and  other 

casual  profits  of  manor  ib. 

in  a  bill  to  stay  waste  55 

: as  to  the  title-deeds  and 


writings  relating  to  the  real 
estates  of  an  intestate  93 

as  to  a  set-off  in  an  ac- 
count 2 1  o 

for    the  delivery  of  an 


agreement  relating  to  the  pur- 
chase of  a  piece  of  land  223 

as  to  an  agreement  and 

money  paid  thereon  ib. 

as  to  the  sale  of  copyhold 

land  234 

as  to  the  sale  and  pro- 
duce of  a  literary  work  294 

as   to  intestate's  estate 

and  effects,  and  money  laid  out 
upon  his  account  503 

as  to  personal  estate  and 


money  arising  by  rents  and  sale 
of  real  estate  since  swearing  an- 
swers 511 

INTEREST,  inquiry  after         52 

INTERPLEADER,  observations 
upon;  prayer  to  interplead  ;  oiler 
to  pay  money,  and  injunction  296 

INTERROGATING'  part  of  a 
bill  7 

INTERROGATORIES,  words  of 
course  preceding  answer  to  when 
exhibited  before  a  master         12 

to  prove 


goods  sold  and  delivered,  and 
money  lent  Page  475 

as  to  the 

knowledge  of  parties  ib. 


—  as  to  goods 
sold  and  delivered  ib. 

_ as  to  mo- 
ney advanced  and  lent  ib. 

to  prove 

books  of  account         476 

i to  prove 

an  agreement  480 

to  prove 


agreement  by  subscribing  wit- 
ness, if  not  by  some  person  who 
knows  D.'s  hand-writing  480 
to  prove 


the  letter,  dated,  &c.  by  the  same 
witness  who  is  examined  on  tiie 
2d  interrogatory  ib. 

to  prove 


offer  of  money  to  Defendant  D. 
by  the  examination  of  Mr.  E.  ib. 
; to     exa- 


mine the  solicitors  of  defendant 
R.  G.  who  contracted  for  the 
purchase,  as  to  their  knowledge 
of  plaintiff's  agreement  481 
to    exa* 


mine  the  partners  of  T.  R.  C. 
and  prove  agency  between  them 

ib. 

: to  prove 

conversation  between  plaintiff 
and  one  of  the  partners  of  de- 
fendant T.  R.  C.  482 

for  the  ex- 


amination of  the  same  partners 
as  to  their  borrowing  the  plain- 
tili "s  agreement,  and  the  conver- 
sation that  passed  thereon  ib. 
to  prove 


the  sale  of  an  estate  by  auction 
which    was    purchased    by   an 

agent  483 
to  prove 

plaintiff's  title  488 
for    the 


executors  of  plaintiff's  mother, 

and  any  person  who  can  speak 

with  accuracy  as  to  pedigree  ib. 

for    the 


INDEX. 


XV 


executor  of  plaintiff's  mother, 
or  any  other  person  who  can 
speak  to  the  fact  of  possession489 

INTERROGATORIES  for  the 
proof  of  the  registers  of  births 
and  burials  which  support  the 
pedigree  490 

■  •- for    the 

proof  of  any  inscriptions  on 
tomb-stones  which  support  the 
pedigree  ib. 

. to  prove 

a  search  in  the  proper  office  of 
wills  49 1 

. to  prove 

the  entries  of  administrations,  if 
any  ib. 

to  prove 

relationship  or  pedigree         492 

to  prove 

knowledge  of  testator's  grand- 


ib. 
to  prove 
the  issue  ib. 

to  prove 

children  died  without  issue     ib. 

. —  to  prove 

having  a 

493 

to  prove 

ib. 

to  prove 


father,  and  marriage 


marriage,  and  their 
daughter  of  such 

marriage 


plaintiff's  only  surviving  children 

ib. 

— to  prove 

a  will  494 

to  prove 


deeds  by  subscribing  witness  495 

to  prove 

indorsements  ib. 

to  prove 


a  will  by  all  the  subscribing  wit- 
nesses, if  living  490 
for    the 


examination,  before  a  master,  of 
the  executor  and  heir  at  law  of 
defendant,  who  was  the  agent, 
steward,  receiver,  and  manager 
of  the  estates  in  question  4  98 
to  prove 


whether  a  person  was  empower- 
ed to  let  the  estates  in  question, 
and  to  receive  the  rents,  &c.  In- 


quiry as  to  the  particular  rental, 
what  money  received,  &c.  P.  504 

INTERROGATORIES  before  a 
master,  as  to  what  the  property 
of  a  lunatic  consists  505 

for    the 

examination  of  witnesses,  before 
the  master,  relating  to  the  es- 
tates of  testator,  and  also  to  the 
title-deeds  507 

for    the 

examination  of  executors,  before 
the  master  after  the  hearing 

508 

,   account 

of  personals  ib. 

,  debts  due 

to  testator  509 

,    account 

of  debts  owing  by  testator       ib. 

' ,     funeral 

expenses  and  other  charges  paid 
by  executors  ib. 

as  to  the 

leasehold  property  and  stock  in 
trade  510 

as  to  the 

profits  and  produce  of  an  estate 
in  the  West  Indies  in  mortgage 

512 

as  to  mo- 
ney and  interest  due  on  mort- 
gages and  securities  ib. 

as  to  mo- 
ney laid  out  upon  premises  for 
repairs,  &c.  513 

as  to  rents 


and  profits  of  mortgaged  pre- 
mises ib. 
as  to  tak- 


ing possession  of  estates  not  com- 
prised in  the  mortgages,  under 
cover  of  the  said  mortgages  514 
as  to  mo- 


ney laid  out  in  lasting  repairs 
upon  premises  wrongfully  pos- 
sessed, under  co\er  of  a  mort- 
gage of  another  part  ot  the  es- 
tate '*• 
as  to  ac- 
counts allowed  a  steward  or 
agent  for  the  produce  of  an  es- 
tate in  the  West  Indies         ib. 


XVI 


INDEX. 


INTERROGATORIES  as  to  the 

consignee   of    produce   from    a 

West  India  estate  in  mortgage 

Page  515 

■ as  to  tlio 

increase  and  produce  of  negroes 
on  an  estate  in  the  West  Indies 

ib. 
to     ex- 


amine mortgagees  in  possession 
as  to  receipt  of  rents  516 

to  prove 


that  crop  was  on  plantation  at 
the  lime  of  sale  ;  whether  free 
from  incumbrances  ;  as  to  secu- 
rity mortgagee  had,  and  to  what 
he  resorted  for  payment  of  his 
money  517 

to  prove 

that  crop  was  on  plantation,  and 
what  has  become  thereof        iO. 

as  to  in- 
cumbrances on  plantation,  and 
to  whom  due  ib. 

as  to  the 

security  besides  bond  and  mort- 
gage 5 1 8 

to  prove 

what  security  mortgagee  resort- 
ed for  payment  of  his  money  ib. 

exhibited 

by  creditors,  before  the  master, 
concerning  a  bond  ib. 

to  prove 

the  existence  of  the  bond         ib. 

to  prove 

that  the  same  came  into  Mr.  L.'s 
possession,  and  what  hath  be- 
come thereof  519 

to  prove 

that  tlie  bond  was  executed  by 
lord  D.,  and  to  learn  who  was 
the  attesting  witness,  and  by 
whom  the  bond  was  filled  up  i/j. 

to  prove 

that  Mrs.T.  gave  no  authority  to 
receive  the  bond  ib. 

• ■ to  prove  ac- 
knowledgments probably  made 
by  lord  I).,  that  he  gave  the 
bond  for  Mrs.  T.'s  use  ib. 

— to  prove 

letters  520 


INTERROGATORIES  as  to  the 

estate  and  effects  of  a  testator 
Page  620 

as  to  per- 
sonal estate  and  effects  executed, 
debts  due  to  testator  ib. 

as  to  debts 

due  to  testator  521 

as  to  debts 

due  ib. 

as  to  free- 


hold and  copyhold  estates,  and 
the  rents  and  profits  thereof  522 
as  to  what 


money  received  for  principal  and 
interest  on  bond  ib. 

to  prove  the 


idendity  of  a  person  under  a 
marriage  settlement  523 

to     prove 

birth  and  baptism  ib. 

to  prove  re- 
gister of  baptism  ib. 

to     prove 

marriage  ?ettlement  ib. 

to  prove 
ib. 


deed  or  bond 


to     prove 

that  issue  are  alive,  and  what 
estate  the  testator  had         554 

to  prove  the 

delivery  of  a  notice  525 

to  prove  Mr. 

R.'s  letter  of,  Sec.  ib. 

to  prove  the 

notice  given  52 G 

to     prove 


what  passed  at  the  purchase  of 
an  estate  ib. 

to  prove  the 


sale  of  premises  by  auction,  and 
the  agreement  thereto  52/ 

to  prove  the 


memorandum  or  receipt  signed 
by  auctioneer  52o 

to  prove  the 


agreenient   signed    by  plainlift", 
and  the  circumstances  of  the  sale 

ib. 
as  to  sale  of 


estates,  defective  title  in  vendor, 
plaintiffs  title,  purchase  less 
than  valuable  coniiideration,  con- 


INDEX. 


XVll 


vei'sation  about  title,  fine,  &c. 
Page  r)20 
INTERROGATORIES    respect- 
ing the  purchase  of  estates,  and 
as  to  objections  on  the  title    532 

to  prove  the 

printed  particular,  examination 
of  the  auctioneer  ih. 

to  prove  the 


estimated  value  o,f  land  by  the 
examination  of  the  surveyor    ih. 

to  prove  the 

delivery  of  abstract  ih. 

to  prove  the 


•actual  quantity  by  admeasure- 
ment 533 
■to  prove  that 


the  objections  were  made  at  the 
time  of  the  agreement  ib. 

to  prove  an 


assignment  made  previous  to 
bankruptcy  was  fraudulent  533 
as  to  a  bank- 


rupt's connexion  with   a  certain 

co-partnership  53o 

exhibited 


before  commissioners  of  bank- 
rupt as  to  the  bankrupt  and  his 
estate  537 

relative  to 


the  solvency  of  a  bankrupt,  at 
the  time  of  his  assigning  certain 
premises  to  particular  creditors 

540 
to  prove  a 
541 

to  prove  ar- 
ticles of  co-partnership  lb. 
to  prove  the 


co-partnership 


carrying  on  the  business  before 
A.  E.-'s  admission  into  the  part- 
nership by  the  book  of  the  trade 
bills  542 
,  examinati- 


on of  messengers  to  prove  that 
the  heads  of  articles  were  de- 
livered to  them  for  the  purpose 
of  drawing  regular  articles,  and 
why  such  articles  were  not 
drawn  543 

to      prove 

ib. 


partnership 


to     prove 


the  advertisements  of  the  part- 
nership Poge  514 

LNTERIIOGATORIES  to  prove 
a  partnersliip  H, 

to  examine 

tradesmen  as  to  their  knowledge 
of  a  partnership  545 

to  prove  ex- 
hibits 548 

as  to  part- 
nership accounts  ifj, 

— — as  to  part- 
nership transactions  550 
to  prove  the 


partnership  by  declarations  of  A. 
or  by  dealing  with  them  as  part- 
ners ib, 

to  prove  a 

change  made  in  the  firm  of  the 
house  at  Christmas  567 

to  prove  that 

from  Christmas  B.  alone  carried 
on  the  business  ib. 

•     to     prove 

partnership  dealings  and  trans- 
actions 551 

■ •     to     prove 

partnership  dealings  and  trans- 
actions ih. 

for  the  ex- 


amination before  a  master,  to 
prove  consideration  of  a  bond, 
and  as  to  monies  paid  for  pas- 
sage, &c.  552 
to  prove  the 


consideration  of  a  bond  when  ex- 
ecuted, if  after  dinner  and  in- 
toxicated, whether  addicted  to 
drinking,  by  whom  prepared,  the 
consideration,  if  for  monies,  set 
forth  in  what  manner  advanced, 
whether  paid  for  his  passage, 
whether  brouglit  any  money  on 
board  ih. 

as    to   the 

claim  of  ^  553 

as    to    the 

claim  of  £  ih. 

as  to  Mrs. 

M.'s  passage  *''• 

what  agree- 


greement    made    for    passage, 
whether  dined  at  the  captain's 


XVlll 


INDEX. 


table,  what  is  the  customary 
payment  of  common  passengers, 
and  what  of  those  who  dine  at 
the  captain's  table        Pcgc  553 

INTERROGATORIES  for  the 
examination  before  a  master  to 
prove  the  age  of  children      554 

— whether 

children  living  of  the  marriage, 
what  their  names,  where  born, 
whether  any  dead,  when  did 
they  die  ib, 

whether  any 


baptized,    whether   any    entries 

made,  in  what  churches  ib. 

as  to  the  ex- 


ecuting and  consideration  of  a 

bond  555 

to  examine 


a  solicitor  as  to  a  letter  written 
and  the  motive;  as  to  the  inten- 
tion of  employing  another  soli- 
citor ;  as  to  an  action  com- 
menced for  business  done  ;  as  to 
instructions  to  appear  at  the 
hearing,  &c.  556 

to  prove  letter 


written,  and  motive  for  writing 
it  ib. 

•  to  prove  no- 


tice that  they  meant  to  employ 
another  solicitor  557 

to  prove  ac- 


tion commenced  for  bill  in  other 
business  ib. 

to  prove  let- 


ter, and  as  to  the  persons  men- 
tioned therein  ib, 
■  to  prove  that 


C.  had  no  instructions  to  appear 
for  defendants  at  the  hearing, 
and  did  not  in  fact  deliver  briefs 
for  them  ib. 

to  prove  si- 


tuation a  person  held,  acquaint- 
ance, receipt  of  monies  in  such 
situation,  expenses  and  mode  of 
travelling,  means  of  providing 
for  his  family,  &c.  558 

.— to  prove  si- 
tuation and  office  ib. 

— —  as  to  ac- 
quaintance ib, 


INTERROGATORIES  as  to  the 

receipt  of  monies  Page  558 
as  to  man- 
ner of  living,  &c.  expenses  of  fa- 
mily, &c.  559 

expenses  for 

travelling  ib. 

whether  any 


other  means  of  providing  for  his 
family  ib. 

as  to  similar 

employments  ib. 

as   to  the 


sale,  freightage,    and  expenses 
of  a  ship  560 

relative  to 

an  inclosure  56l 

to  prove  the 


lord's  assent  to  the  inclosure  ib. 
to  prove  the 


agreement  of  the  land  owners  to 
the  inclosure  ib. 

to  prove  the 


survey   made    at    the    general 
charge  of  the  land-owners      26. 
to  prove  the 


general  meeting  held  between 
the  proprietors  of  S.  and  the  ad- 
joining townships  562 
to  prove  the 


probable  quantity  of  plaintiff's 
allotment  ib. 

for  the  pur- 


pose of  examining  a  captain  of 
a  packet,  as  to  one  of  his  pas- 
sengers, &c.  563 
for  a  variety 


of  matters  ; — to  prove  a  death, 
a  register,  a  notice,  by  what  au- 
thority an  agreement  signed,  an 
agreement  for  lease,  service  with 
copy,  payment  of  annuities,  a 
conveyance  and  receipt  of  con- 
sideration money,  to  prove  note 
of  hand,    and   other   matters 

664 

to  prove  a 

ib. 


death 


registry 


notice 


to  prove  a 
ib. 

to  prove  a 
ib. 

to  prove  by 


INDEX. 


XIX 


what  authority  agreement  was 
signed  Pas^e  56-1 

INTERROGATORIES  to  prove 
an  agreement  for  a  lease      565 

as   to   the 

payment  of  annuities  ib. 

to  prove  con- 
veyance and  receipt  for  consi- 
deration indorsed  thereon      5G6 

' to  prove  (he 

finding  of  old  deeds,  surveys,  &c. 

ib. 

■'  to  prove  a 


will  or  other  writing  in  the  words 
it  contains  ib. 

to  prove  no- 
tice ib. 

to  prove  re- 
ceipts upon  deeds  ^07 
to  prove  the 


consideration  money  mentioned 
to  be  paid  in  a  deed,  to  be  really 
and  bona  fide  paid  ib. 

to  examine 

as  to  boundaries,  customs,  mo- 
duses,  &c.  568 

to  prove  co- 
py of  record  ib. 

to  prove  co- 
pies of  the  registers,  baptisms  ib. 

to  prove  two 

bonds,  and  as  to  the  circumstan- 
ces for  which  they  were  executed 

ib. 

to  prove  a 

tender  of  money  and  refusal  569 

to  prove  the 

amount  of  a  mortgage  debt     ib. 

to     prove 

note  of  hand  569 

to     prove 

in  what  manner,  and  at  what 
time  the  balance  of  accounts  of 
partnership  were  made  up      ib. 

as  to  pos- 
session of  an  estate  570 

as  to  what 


property  was  possessed  specifi- 
cally bequeathed  ib. 

— ■ to     prove 

debts  due  ib. 

to     prove 

the  identity  of  a  person  ib. 


INTERROGATORIES  to  prove 

the  entry  in  the  navy-oflice  books 

Prifre  571 

the  title  of 

for  the  examination  of  a  party^^ro 
interesse  suo  ib. 

the  title  of 

for  examination  of  a  party  ex- 
amined pro  interesso  suo  ib, 

order  to 

add  one  to  those  already  exhi- 
bited GlO 

to    add 

one  as  to  exhibits,  pubhcation 
having  passed  6ll 

INTESTATE  property  bill  for  an 
account  of  90 

—  estates,  interroga- 
tories as  to  503 

ISSUE,  interrogatory  to  prove  492 

,    to  prove  that  they  are 

alive  524 


JOINTURE,  decree  to  confirm  65 1 

,  decree  to  set  out  652 

JUDGMENT,  order  to  confirm  on 
writ  of  error  notwithstanding  in- 
junction 596 

L. 

LEASEHOLD,  charge,  inquiry, 
prayer  as  to,  in  a  bill  against 
executors  49 

property,  interro- 
gatories as  to  510 

LEGACY,  bill  for  the  payment  of 

100 

,  bill  for,  and  an  account  271 

LEGAL  representative,  not  being, 
plea  of  444 

LEGATEES,  bill  by,  for  the  lega- 
cies 112 

LE'.GATEE,  answer  of,  to  elect  to 
take  under  the  will  397 

LESSEE  against  lessor,  bill  for  a 
specific  performance  77 

LETTERS  and  messuages,  &c. 
inquiry  as  to  23 

— ,  interrogatory  to  jjrove 

480 

. .  interrogatory  to  prove 

520 


XX 


INDEX. 


LETTERS  written,  to  prove  and 
the  motive  Page  556 

LIMITATIONS,  statute  of,  plea 
of  443 

LOUD  of  manor's  assent  to  an  in- 
closure,  interrogatory  to  prove 

661 

Mayor's  Court,  bill  to  re- 
move a  cause  out  of  312 

LUNATIC,    interrogatory   as   to 
what  his  property  consists  of  505 


M. 


MANOR,  inquiry  after,  the  profits 

of  54 

MARRIAGE,  bill  to   perpetuate 

the  testimony  of  318 
of  female  plaintiff, 

bill  of  revivor  in  consequence  of 

342 
,     interrogatory    to 

prove  the  knowledge  of  492 
,    interrogatory    to 

prove  493 

interrogatory    to 


prove,  and  the  having  a  child  ih. 
MESSENGER, order  for,on  a  cepi 

corpus  599 

MONEY  won  at  play  257 

MORTGAGE  debt,  interrogatory 

to  prove  the  amount  of  569 

MORTGAGED  premises,  petition 

for  a  sale  of,  mortgagee  being  a 

bankrupt  454 

MORTGAGEE,  bill  by,  against 

mortgagor  lt!6 

MORTGAGEES,  answer  of    401 

N. 

NAVY-office  books,  to  prove  an 

entry  therein  511 

IVE  EXEAT  REGNO,  petition  for 

470 

,    order    for 

609 
NEXT  of  kin,  bill  by,  for  their 
share  of  property,  an  injuction 

95 
NOTE,  promissory  bill,  for  an  ac- 
count of  principal  and  interest 

150 


NOTE  of  hand,  interrogatories  to 
prove  Pag^    569 

NOTICE,  charge  of,  in  a  bill  by 
first  vendee  against  vendor  and 
an  after  purchaser,  injunction 
from  cutting  wood,  &c.  83 

,  part  of  a  bill  where  the 

defendant  has  notice  of  adverse 
claims  ib. 

,  interrogatory  to  prove  its 

being  given  523 

,  interrogatory  to  prove  the 

delivery  of  ib. 

-,    interrogatory    to    prove 


that  it  is  intended  to  employ  an- 
other person  •  557 
,  interrogatory  as  to      564 


NUNC  FRO  TUNC,  to  enter  order 

591 

NUNCUPATIVE  will,  answer  of 

defendant  trustee  under        395 

O. 

OATH,  order  to  answer,  without, 

attestation  585 

OBSERVATIONS  upon  bills  of 
certiorari  310 

upon  answers 

381 

upon  demur- 
rers 415 

upon  affidavits 

636 

ORDERS  forms  of,  for  various  oc- 
casions from  573  to  635 

ORDER  for  injunction  on  attach- 
ment for  want    of  appearance 

573 

for  injunction  on  attach- 
ment for  want  of  answer         ib. 

for  injunction  o»  dedimus, 

and  order  for  time  ib'. 

for  injunction  to  stay  waste 

ib. 


for  an  injunction  to  stay 

printing  books  574 

for  an  injunction  on  ii  dedi- 


mus, and  to  extend  to  stay  pro- 
ceedings on  plaintiff's  bail  bond 

ib. 
to  dissolve  injunction  nisi 

ib. 


INDEX. 


XXI 


ORDER  to  amend  by  adding  par- 
ties on  paying  costs  of  the  day 
Page  574 

'  to  dismiss  bill  for  want  of 

prosecution  575 

where  a  notice  to  sue  out 

execution  had  been  served  that 
the  same  should  stand  over,  and 
the  benefit  of  the  notice  saved  ib. 

to  amend  a  bill  on  payment 

of  20s.  costs.  ih. 

to  amend  a  bill   without 


costs,  the  defendant  having  ap- 
peared but  not  answered  576 
.  to  amend   a  bill   without 


costs,  the  defendant  not  having 
appeared  ib. 

to  amend  a  bill  without 

costs  after  answer  ib. 

to  amend  a  bill  and  answer 

exceptions  at  same  time  ib. 

■  to  withdraw  a  replication 

and  amend  a  bill  ib. 

•  to  amend  answer  577 

to  amend  a  bill  by  adding 

parties,  requiring  no  further  an- 
swer from  the  defendants,  who 
have  answered  ib. 

to  amend  by  making  some 

of  the  plaintiffs  defendants      ib. 

to  amend  a  bill  on  pay- 
ment of  20s.  costs  to  some  of 
the  defendants,  and  without  costs 
as  to  others,  requiring  no  fur- 
ther answer  578 

to  amend    a  bill  without 


costs,  the  defendant  submitting 
to  put  in  a  further  answer  ih. 
to  amend  a  bill  after  an- 


swer, the  plaintiff  having  excep- 
ted thereto,  and  no  other  answer 
coming  in  ib. 
•  fur  an  attachment  and  all 


ether  proceedings  of  contempt 
returnable  immediately  ib. 

to  appoint  a  defendant  a 

clerk  in  court,  pursuant  to  the 
statute  57*J 

•  to  accept  exceptions       ib. 

to  refer  exceptions  at  de- 
fendant's request  ib. 

to  refer  exceptions  ih. 

to  stay  proceedings  on  the 


master's  report,  exceptions  being 
filed  Page  5S0 

ORDER  to  procure  a  report  in 
days,  and  continue  an  injunction 
in  the  mean  time  ib. 

,  examination  to  refer      ib. 

to   refer   examination    of 

commissioners  of  sequestration 
581 

—  for  a  commission  to  assign 

a  guardian  ib. 

for  commission  to  examine 

in  term  time  ib. 

for  commission  to  examine 

witnesses  ib. 

for  a  subpoena  to  rejoin,  re- 
turnable immediately,  and  for  a 
commission  582 

to  renew  a  commission  ib. 

to  appoint  a  guardian  in 

court  ih. 

-~- to  dismiss  without  costs, 

defendant  not  having  appeared 

ib. 

— — ■  to  dismiss  a  bill  after  an- 


swer, plaintiff  not  having  pro- 
ceeded ib. 

for  a  commission  to  plead, 

&c.  583 

to  dismiss  a  bill  after  a  re- 
plication ih. 

■ to  dismiss  a  bill  with  costs 

at  the  plaintiff's  request  ib. 

to  dismiss  a  bill  without 

costs  by  consent  ib. 

for  a  general  dismission  at 


defendant's  request  upon  the 
hearing,  plaintiffhaving  not  come 
into  court  584 

to  answer  by  committee 

ih. 

—  for  time  to  answer  ib. 

for  time  to  answer  cross- 


bill, after  answer  put  into  ori- 
ginal bill  ib. 

for  a  general  dismission  on 

hearing  585 

— ' —  to  dismiss  a  bill  of  review 
on  hearing  ib. 

to  give  security  bclbre  ob- 
liged to  answer  ib. 

•  to  answer,  without  oath  or 

attestation,  upon  honor  ih. 


XXll 


ir^DEX. 


ORDER  for  time  to  answer  on  en- 
tering an  appearance  Page  586 

.^ to  answer  separate,   and 

commission  abroad  to  assign 
guardians  ib. 

. to  answer  separate         ib. 

■  ■  to  refer   defendant's   an- 


swer to  the  plaintiff's  bill  to  the 
master  for  impertinence  and 
scandal  ib. 

— to  refer  a  bill  for  scandal 

and  impertinence  587 

to  expunge   the   imperti- 


nence of  the  plaintiff's  bill  and 
to  tax  costs  on  motion  ib. 

to  accept  bill  paying  costs 

out  of  purse  ib. 

for  commitment  to  prison 


of  the  F/eef,  the  fourth  answer 
being  reported  insufificient     588 

to  examine  a  defendant  ib. 

to  examine  witnesses  de  be- 
ne esse  ib. 

to  enlarge  publication     ib. 

—  to  pass  publication        689 

to  enlarge  publication  when 

it  has  passed  ib 

to  use  depositions  ib 

to  confirm  a  report  upon 


commissioners'  certificate,  or  as 
to  purchase  ib. 

to  confirm  by  consent  of 


some  defendants,  and  nisi  as  to 
others  590 

to  confirm  a  report  abso- 
lute ib. 

,  admittance  of  a  defen- 
dant in  yt>rm«/>«M/»en's  ib. 

,  admittance  of  a  plaintiff 

in  forma  pauperis  ib. 

to  serve  an  attornev-at-law 

591 

'for  an  election  either  to  pro- 
ceed at  law  or  equity  591 

to  enter  order  nunc  pro  tunc 

ib. 

to  revive  proceedings     ih. 

to  refer  second  answer  592 

to  refer  second  answer  on 

submission  ih. 

for  liberty  to  exhibit  inter- 
rogatories as  to  the  credit  of 
a  witness  ib. 


ORDER  for  a  Serjeant  at  Arms 
Page  592 

for  Serjeant  at  Arms,  for 

want  of  examination,  unless  de- 
fendant puts  it  in  in  four  days 

593 
for  Serjeant  at  Arms,  foi 


want  of  further  examination    ih. 
to  produce  books  in  four 


days,  or  a  Serjeant  at  Arms  ib. 
for  a  Serjeant  at  Arms  on 

the  return  of  a  messenger  594 
for  a  sequestration  against 

a  member  of  parliament  ib. 

for  a  distringas  595 

for  an  alias  distringas    ib. 

for  pluries  distringas      ih. 

for  a  distringas  against  a 

body  corporate  ib. 

for  a  sequestarion  on  dis- 


tringas et  alias  et  pluries  dis- 
tringas ib. 
for   sequestration  against 


defendant  in  prison,  for  non-pay- 
ment of  money  pursuant  to  de- 
cree 596 
to  confirm  judgment    on 


a  writ  of  error,  notwithstanding 
injunction  ib. 

for  a  subpoena  scire  facias 

ib. 

to  revive  by  subpa:na  scire 

facias  ib. 

for  senior  six   clerk  to  be 


assigned  as  guardian  to  infant, 
after  brought  into  court  by  mes- 
senger 597 
for  a  messenger  to  bring  an 


infant  into  court  to  have  a  guar- 
dian ib. 
-,  when  the  court  appoints 


the  defendant  a  clerk  in   court 
to  appear  pursuant  to  the  act 

ib. 
for  an  alias  Jiabeas  corpus 


cum  causis,  where  defendant  was 
not  brought  up  by  habeas  corpus 

598 
for  defendant    to  appear 


pursuant  to  the  statute,  5  Geo. 
III.  ib' 

clerk  in  court  to  attend  ih. 

— — ,  for  clerk  in  court  to  attend 


INDEX. 


XXlll 


at  the  hearing,  with  a  reccrd  of 

bill  to  have  it  taken  pro  coufesso 

Page  598 

ORDER  for  a  messenger  on  a  cepi 
corpus  599 

that  defendant  be  turned 

over  to  the  Fleet,  and  habeas 
corjms  cum  causis  directed  to 
warden  ib. 

• for   the  defendant   to   be 

turned  over  to  the  Fleet  ib. 

,  another,  for  habeas  corpus 

600 

— for  habeas  corpus,  on  de- 
fendant being  in  custody         ib. 

— for  defendant  to  be  remand- 


ed to  tiie  Fleet,  and  for  an  alias 
habeas  corpus  ib. 
for  defendant  to  be  remand- 
ed to  the  Fleet,  and  a  pluries  ha- 
beas corpus  601 
for  defendant  to  be  remand- 


ed to  the  Fleet  and  for  alias  plu- 
ries habeas  corpus,  and  clerk  in 
court  to  attend 

to  speed  a  cause 

to  revive 

to  prove  exhibits 

for  further  time 

for  further  time  on 

application 

~  to  refer  it  to  the  master  to 

see  who  set  counsel's  name  to 
bill  603 


ib. 
ib. 
602 
ib. 
ib. 
third 
ib. 


for  a  guardian  to  an  insane 

person  ib. 

to  tax  a  solicitor's  bill     ib. 

to  make  decree  absolutezi, 

for  an  infant  to  convey  604 

to  appoint  a  receiver  as  to 

several  kinds  of  estates,  and  of 
an  estate  in  Ireland  ib. 

to  tax  costs  no  relief  being 

prayed  by  the  bill  605 

to  make  an  agreement  an 

order  of  court  ib. 

to  examine  feme  coverts 

separately  ib. 

—  to  dissolve  an  injunction, 

unless  cause  revived  606 

to  answer  by  committee  ib. 

for  sheriff  to  make  return 

on  attachment  ib. 


ORDER  to  vacate  recognizance 
of  a  receiver  Page  GOG 

for  a  writ  of  supplecavit  ib. 

for  a  commission  to  set  out 

and  distinguish  copyhold  from 
freehold  lands  ib. 

to  see  which  bill  is  most 

for  infant's  benefit  608 

to  deliver  long  annuity  or- 
ders out  of  the  bank  ib. 

for  arguing  exceptions  ib. 

on  arguing  plea  and  de- 


murrer, where  overruled,  va- 
riations where  they  are  allowed, 
and  when  ordered  to  stand  for 
an  answer  ib. 
for  sale  of  annuities  and 


payment  of  cash  out  of  bank  609 

for  ne  exeat  i-egno  ib. 

— —  to  disallow  cause,  and  dis- 
solve injunction  ib. 

to  adjourn  petition        610 

to  answer  vinculis,  fourth 

answer  insufficient  ib. 

to  add  an  interrogatory  to 

those  exhibited  ib. 


to  answer  exceptions  to  a 

decree  of  charitable  uses         ib. 
to  add  an  int'^rrogatory  as 


to   exhibits    publication   having 
passed  611 

to  make  award  an  order 

of  court  ib. 

to  amend  bill,  l\v  making 


some  of  the  plaintiffs  defendants 

ib. 
for  time  for  husband  and 


wife  to  answer  separate,  although 
defendants  do  not  live  separate 

ib. 

for  arguing  demurrer  in 

petty  bag  612 

,  dem,urrer  to  adjourn      ib. 

to  confirm  proceedings  un- 
der act  5  Geo.  III.  ib. 

for  a  certiorari  to  remove 


cause  out  of  the  mayor's  court 

it. 
to  dissolve  injunction  on  de- 

murrt-r  being  allowed  ib. 

for  capias  in  wiihernam  ib. 

for  commission  on  master's 

certificate  ib- 

87 


XJQV 


IMjLA. 


ORDER,   exccpliouh.    and  fiiitiicr 
directions,    opened     separately 
Page  614 
■ for  IJRie  to  answer  cross- 
bill after  defendant  lias  answer- 
ed original  bill  ib. 
■  for  habeas  corpus,  defendant 


not  being  able  to  give  security 
on  ne  exeat  regno  ib. 

,  habeas  corpus  to  gaoler 

of  county  Palatine  of  D.  ib. 

,  habeas  corpnts  to   county 

Palatine  of  L.  6l5 

,  habeas  corpus  on  applica- 
tion of  sherilf,  plaintiff  not  ap- 
plying to  bring  defendant  up  ib. 

for  injunction  against  mem- 
ber of  parliament  616 

,  injunction  to  stay  pro- 
ceedings in  execution  at  C.  ib. 
-,  injunction  to  deliver  pos- 


session and  deeds  to  the  plain- 
liff  ib. 

',  injunction  to  deliver  pos- 


session to  plaintiff,  defendant  re- 
fusing 617 
to  raake  bonds  of  submis- 
sion, order  of  court  ib. 
that  proceedings  in  petty 


bag  may  be  made  a  concilium  ib. 
of  reference  to  arbitrator, 


who  is  to  examine  upon  oath. 
Costs  to  be  in  his  discretion,  and 
no  bills  to  be  filed  against  him 
as  arbitrator  634 

,  upon   a  petition,  for  the 

sale  of  estates  635 

ORIGINAL   bills,    observations 
upon  60 


FAR!  PASSU,  bill  by  creditors  to 
be  so  paid  2  14 

PARTICULAR  of  an  estate,  in- 
terrogatory to  prove  ^32 

PARTIES,  demurrer  for  v/ant  of 

419 

,    interrogatories    as    to 

knowledge  of  47'> 

PARTITION,  prayer  in  a  bill  for 

Go 

• -    ■ — .  decree  of.  and  that 


infants  ihouid  h<ive  a  da}'  tc* 
shew  cause  Pag^  640 

PARTNER,  bill  by  one  against 
the  other  141 

PARTNERSHIP  accounts,  pre- 
tences and  charges  as  to         29 

,    prayer   by   some 

partners,  tor  various  subjects  5S 

— ,  bill  for  a  dissolu- 
tion of  144 

,   bill    for   a    disso- 


lution and  an  injunction,  &c.  146 

,    interrogatory    to 

prove  541 

accounts  interro- 
gatory as  to  548 

PARTS  of  a  bill  in  equity,  and  ob- 
servations on  each  part  1 

PART  of  a  bill  by  executors,  who 
had  notice  of  adverse  claims  for 
the  purpose  of  having  the  same 
ascertained  18 

PEDIGREE,  interrogatories  to 
prove  488 

PENALTY,  demurrer,  because 
the  discovery  sought  may  sub- 
ject the  parties  to  penalties  41  f> 

PERSONAL  estate,  inquiry  as  to 

52 

PERSONALS,  interrogatories  as 
to  508 

PETITION  for  sale  of  mortgaged 
premises,  the  mortgagee  being 
a  bankrupt  454 

• to  call   a  meeting  of 

commissioners  for  the  purpose 
of  proving  a  debt  recovered  b}' 
action  against  the  bankrupt  455 
by  assignees  against 


their  bankrupt,  who  was  an  exe- 
cutor and  residuary  legatee,  to 
restrain  him  from  receiving  fur- 
ther part  of  his  testator's  pro- 
perty, and  to  pay  what  he  had 
so  received  458 

• to  prove  an  annuity  or 

the  value  thereof  '460 

by  creditors   against 


the  assignees,  under  a  commis- 
sion of  bankruptcy,  to  have  them 
removed,  they  not  being  creditors 
but  the  friends  of  the  petitioning 
creditors,  and  for  them  to  ac- 


INDEX. 


XXV 


count  for  what  had  come  to  their 
hands  and  deliver  up  all  papers, 
&c.  Page  4Gl 

PETITION  by  a  bond  creditor  to 
have  certain  property  assigned 
to  him,  as  a  security,  sold,  and 
to  prove  the  deficiency  under  the 
commission  46-1 

to  have  certain  shares 

of  stock  transferred  to  each  pe- 
titioner, they  having  attained 
their  respective  ages,  with  a  de- 
cretal order  recited.  Opinion  as 
to  the  affidavits  necessary  as  to 
coming  of  age,  and  affidavits  of 
incapacity  to  maintain  infants 
without  an  allowance  4G6 

by  creditors  for  leave 


to  come  in  and  prove  their  debts, 
after  the  time  limited  by  the 
court  had  expired,  stating  they 
had  not  seen  the  advertisements 

469 
for  a  iVe  exeat  resno 


to  prevent  the  husband  from 
going  beyond  sea,  until  he  has 
settled  alimony  on  his  wife,  stat- 
ing an  appeal  to  the  high  court 
of  delegates^   excommunication 

470 

to  be  discharged  from 

the  Fleet  471 

of  appeal  472 


PLEA  of  the  statute  of  frauds,  and 
answer  to  some  part  of  the  bill, 
with  notes,  pointing  out  where 
it  is  wrong  440 

of  the  statute  of  limitations 

443 

,  defendant  not  legal  represen- 
tative 444 

of  the  statute  of  frauds  to  a 

parol  agreement,  with  a  state- 
ment of  the  bill  445 

of  bankruptcy  447 

of  alien  enemy  448 


PLE;^A  (JOINT)  of  a  valuable  con- 
sideration by  executors  of  jmr- 
chaser  449 

PORTION,  bill  to  have  h  raised 

124 

POSSESSION,  of  an  estate,  inter- 
rogatories to  prove  489 


PRAYER,  observations  upon  P.  8 

for  an  account  of  timber 

cut,  and  to  restrain  defendant 
from  cutting  down  more  timber, 
or  from  committing  any  otl>er 
waste  ih. 

— usual  one  1> 


• —  that  defendant  may  be 

obliged  to  put  the  estate  into  suf- 
ficient repnir,  plaintiff  waving 
all  right,  &c.  to  manure  and  cul- 
tivate the  same  according  to  the 
terms  of  the  said  lease  17 

for  an  account  of  timber 


cut,  and  to  restrain  defendants 
from  cutting  down  more  timber, 
or  from  committing  any  other 
waste  ih. 

for  an  account  of  monies 

produced  by  sales  29 

that  an  account  may  be 


taken  of  the  money  paid  by  the 
defendant  on  the  assignment  of 
mortgaged  premises  45 

for  the  discovery  of  writ- 


ings to  assist  in  the  prosecution 
of  an  action  at  law  49 

for  an  account  of  rents 


and  profits  of  leasehold  premi- 
ses, and  for  a  receiver  50 
for  the  payment  of  a  le- 
gacy out  of  real  estates  51 
for  an  account  of  rents, 


fines,  heriots,  iv;c.  of  a  manor  55 

to  a  bill  of  foreclosure  56 

to  a  supplemental  bill  57 

to  a  bill  filed   by  part- 


ners after  the  dissolution,  against 
the  present  partners,  to  have  the 
stork,  premises,  and  effects,  sold 
for  payment  of  old  debts,  and  an 
injunction  to  restrain  them  from 
alienating  the  said  concerns.  "jZ 
to  a  bill  filed  by  heir  at 


law  against  devisee  to  recover 
possession  of  estates  ib. 

and  interrogatory  in  a 


bill  against  assignees,  for  an  ac- 
count of  separate  estate  of  bank- 
rupt 59 

to  a  bill  of  partition  ih. 

that  an  account  mav  be 


taken  ©f  the  separate  estate  and 


XXVI 


l.NDEX. 


effects  which  has  been  received 
Page  59 

PRAYER  and  application  to  a  bill 
of  partition  GO 

and   application  for   a 

partition  6l 

for  dividing   the   rents 

and  profits  between  plaintiff  and 
all  other  persons,  according  to 
the  writings  relating  to  such  es- 
tates ib. 
in  a  bill  against  trustees 


for  selling  part  of  the  trust  fund, 
and  converting  it  to  their  own 
use,  and  injunction  to  restrain 
the  bank  from  permitting  the 
other  part  to  be  transferred  62 
to  a  bill  filed  by  persons 


entitled  to  have  trust  stock  di- 
vided among  them,  and  assets 
of  the  seller  applied  to  make 
good  the  sum  which  ought  to 
have  been  settled  ib. 

to  a  bill  for  the  specific 


performance  of  an  agreement, 
on  the  faith  of  which  plaintiO'had 
paid  a  large  sum  of  money,  and 
had  also  expended  considerable 
sums  in  repairs  and  alterations 
of  the  premises,  that  if  good  ti- 
tle could  not  be  made,  plaintifl' 
might  be  taken  to  be  mortgagee 

83 
as  to  money  expended  in 


repairing  premises,  and  making 

the  same  suitable  to  plaintifi^'s 

business  ib. 

to   restrain    defendants 


from  cutting  wood  upon  or  com- 
mitting any  other  waste  88 
that     defendant    may 


grant  a  lease  of  the  farm  and 
lands  pursuant  to  agreement  90 
that  an  account  may  be 


taken  of  the  estate  and  effects 
possessed  by  the  defendants,  and 
also  an  account  of  intestate's 
debts  91 

to  take  an  account  of 


the  estate  of  an  intestate,  and 
an  account  of  intestate's  sepa- 
rate debts  94 
'         to  take  an  account  of  in- 


testate's debts,  and  that  ©ne-third 
of  intestate's  estate  may  be  ap- 
plied to  orator  Page  96 

PRAYER  that  an  account  maybe 
taken  of  the  estate  and  effects  of 
the  testator,  which  have  been 
possessed  by  the  defendant  100 

to  carry  a  will  into  exe- 
cution 103 

to  take  an  account  of  the 

rents,  profits,  and  produce  of  tes- 
tator's estate,  which  has  been 
received  by  defendant  106 

■ — —  to  take  an  account  of  the 


estate  and  effects  of  testator,  and 
also  of  the  debts  and  legacies  of 
the  testator  107 
as    to   the    household 


goods  and  effects  given  to  de- 
fendant 1 10 
that  an  account  may  be 


taken  of  testator's  estate  and  ef- 
fects that  are  undisposed  of  112 

as  to  the  claiming  of  a 

copyhold  estate  114 

for  an   account  of  the 


trust  property  which    has  been 
received  by  defendant  117 

for  releasing  trust  pre- 


mises under  a  marriage  settle- 
ment ib. 

for  appointing  a  trustee, 

&c.  118 

that  defendant  may  be 


decreed  to  replace  stock  pursu- 
ant to  the  teims  of  the  said  bond 

120 
to  take  an  account  of 


the  rents  and  profits  of  the  es- 
tates received  by  defendant  123 
to  take  account  of  the 


principal  and  interest  owing  on 
the  security  of  the  premises  128 
as  to  the  account  of  mo- 


nies  received   which   have  not 
been  duly  accounted  for        131 

for  the  discovery  of  a 

ship's  cargo,  &c.  135 
to  take  an  account  of 


the  matters  and  transactions  re^ 
lative  to  the  partnership  deal- 
ings 143 
as  to  the  dissolving  of 


INDEX. 


XXVII 


the  copartnership  bushiess,  &c. 
Page  145 

PRAYER  for  an  account  of  the 
monies  received  and  paid  by  your 
orator  in  the  partnership  deal- 
ings, &c.  147 

to   restrain    defendant 

from  eollecting  or  receiving  any 
of  the  debts  owing  to  the  part- 
nership business,  &c.  149 

to  take  an  account  of  the 


principal  an.'  interest  owing  to 
plaintilT  on  a  promissory  note, 
drc.  16] 

as  to  the  deeds  and  writ- 
ing relating  to  mortgaged  pre- 
mises, &c.  159 

for   the  redemption  of 

mortgaged  premises  by  heir  at 
law,  and  also  for  a  discovery  of 
defendant's  title  l6l 

that  defendant  may  be 


decreed  to  pay  to  orator  what 
shall  appear  due  to  him  for  prin- 
cipal and  interest  on  his  mort- 
gage ib. 

^ —  for  a  foreclosure       l6l 

for  the  delivery  of  deeds 


and  writings  belonging  to  mort- 
gaged premises  lG5 
for  a   foreclosure,  deli- 


very up  of  title  deeds,  injunction 

from  proceeding  at  law,  and  for 

the  appointment  of  a  receiver  ib. 

—  as  to  the  delivery  of  ti- 


tle deeds  and  writings  concern- 
ing   mortgaged    premises,    &c. 

167 
of  foreclosure,  and  for 


the  delivery  of  title  deeds,  ac- 
cording to  an  agreement  for  that 
purpose,  so  as  to  prevent  the 
said  deeds  being  delivered  to  a 
subsequent  mortgagee  ib. 

for  redemption  of  pre- 


mises, and  for  an  account  of  their 
annual  value,  &c.  170 
to  take  an   account  of 


what  has  become  due  or  ought 
to  be  paid  by  defendant  for  the 
vent  of  the  premises  occupied  by 
hira  ib. 
for  a  foreclosure,  and  a 


reference  to  the  rtaster  to  take 

an  account,  &c.  -P^^e  173 

PRAYER  for  the  delivery  of  deeds, 

writings,  &c.  ib, 

for  redemption  176 

for  redemption,  and  for 

the  discovery  of  prior  incum- 
brances 178 
for  redemption  of  copy- 


hold premises,  to  have  a  bond 
delivered  up  te  be  cancelled,  and 
an  injunction  183 

for  redemption,  &c.  184 

to  have  goods  delivered 


back,  which  were  deposited  by 
way  of  security  185 

by  assignee  of  a  bank- 


rupt, for  an  account  of  money 
produced  by  sale  189 

to  deliver  deeds,  &c.  up 

to  be  cancelled  193 

that  an   estate  may  be 


applied  in  payment  of  debts  and 
legacies,  &c.  196 

that  an  account  may  be 


taken  of  the  several  rents   and 
profits  of  intestate's  estate     199 
as  to  the  sale  and  pro- 


duce of  mortgaged  premises  202 
to  take  an  account  of the 


money  paid  out  of  testator's  es- 
tate and  effects,  &c.  207 
as  to  the  receiving  of  the 


rents  and  profits,  and  also  of  the 
produce  of  timber  felled  on  tes- 
tator's estates,  &c.  209 
that  an  account  may  be 


taken  of  the  personal  estate  of 
testator,  possessed  by  defen- 
dants 211 
for  a  discovery  to  enable 


trus-tees  for  creditors  to  prose- 
cute an  action  214 
for  discovery  of  a  sum 


of  money  demanded  against 
trustees  under  an  as.-;ignment  ib. 
that  defendants  may  be 


decreed  to  deliver  up  the  estate 

of  plaintiff  for  payment  of  a  debt 

due  to  creditor  219 

to  enforce  a  creditor  to 


receive  a  dividend,  and  an  inj  unc- 
tion at  law  ib. 


XXVlll 


INDEX; 


PRAYER  for  the  delivery  up  of 
an  agreement  under  certain  cir- 
cumstances, to  be  cancelled 
Page  223 

. that  an  agreement  may 

be  delivered  up  to  be  cancelled 

ib. 

for  the  recovery  of  pre- 
mises 226 

for  the  delivery  of  deeds 

to  be  cancelled  230 

for  the  surrender  of  co- 
pyhold estate  235 

respecting   the   sale  of 

the  estates  of  R.  B.  and  that  all 
the  title  deeds  and  writings  may 
be  produced  244 

that  defendants  may  set 

forth  a  true  account  of  the  es- 
tates which  has  been  assigned 
over  to  the  trustees  for  the  be- 
nefit of  creditors,  &c.  247 
respecting  testator's  per- 


sonal estate,  and  an  account  of 
rents  and  profits  for  the  payment 
of  a  debt  252 

that  defendant   may  set 


forth  an  account  of  the  deljt  due 
to  oratrix  by  the  will  of  the  tes- 
tator ib. 
• —  to  have  a  wanant  of  at- 


torney, a  bond,  and  other  spcu- 
rities,  delivered  up,  part  of  the 
money  being  won  at  play  251 
for  the  admission  of  as- 
sets, &c.  ib. 
to  have  some  proper  per- 


son appointed  as  guardian  of  in- 
fants, with  suitable  allowances 
for  their  maintenance  and  edu- 
cation for  a  certain  time  259 
to  establish  a  will,  and 


to  carry  the  trusts  thereof  into 
execution,  and  also  that  an  ac- 
count may  be  taken  of  the  pro- 
duce of  the  freehold  estates  of 
testator  2G2 
that  the  wills  of  A.  C. 


&c.  may  be  established,  and  that 
it  may  be  decreed  to  pay  plain- 
tiffs and  defendants  a  just  pro- 
f)ortion  of  the  dividends  due 
thereon  2f>C 


PRAYER  to  have  certain  shares 
of  stock  transferred  there,  stand- 
ing in  the  name  of  the  account- 
ant-general, and  which  formerly 
belonged  to  a  lunatic  Page  2G6 

for  raising  a  sura  of  mo- 
ney out  of  testator's  estate,  and 
also  out  of  the  estates  purchased 
with  the  money  arising  by  sale 
of  testator's  estates  270 
that  an  account  may  be 


taken  of  the  personal  estate  of 
testator,  and  also  an  account  of 
the  funeral  expenses,  debts,  and 
legacies,  and  that  the  defendant 
may  be  decreed  to  pay  to  your 
orator  his  legacy,  on  his  attain- 
ing 21  years  273 
for  an   account   of  the 


proceeds  of  a  musical  work,  an 

injunction  to  prevent   a  farther 

sale  295 

PRETENCES,  observations  upon 

4 

by  the  heir  that  an 

instrument  made  according  t(i 
the  laws  of  Scotland  passed  an 
estate  in  the  island  of  Jamaica, 
though  not  executed  as  the  law 
of  that  island  requires,  and 
charge  to  the  contrary  5 

in  a  bill  for  specific 


performance,  lessee  against  les- 
sor, that  it  was  not  in  writing, 
and  charge  that  this  was  imma- 
terial, plaintiff  having  repaired 
the  premises,  and  expended  mo- 
ney in  confidence  of  the  agree- 
ment 1 9 
and  charge  in  a  bili 


that  personals  are  insufficient, 
and  are  payable  out  of  real  es- 
tate ;  doubt  true  construction  of 
the  will ,  pretence  that  the  will 
will  not  extend  so  as  to  pass  real 
estates,  &c.  20 

and  charge  in  a  bill 


that  defendants  have  forfeited 
their  respective  rights  under  the 
testator's  will,  which  contained 
a  clause  that  in  case  the  trustees 
were  molested  by  the  devisees, 
that  their  devise  should  eease  21 


INDEX. 


XXIX 


PRETENCES  and  charges  in  a 
for  settlement  of  partnership  ac- 
counts, where  only  an  agent  for, 
and  no  articles  which  had  been 
delivered  by  defendant  Pa^e  29 

that  plaintiff  hath 

received  monies  30 

—— of  an  account  de- 
livered ih. 

ready  to  account  3 1 

• and  charge  in  a  bill 

to  set  aside  an  assignment  of 
effects  for  the  benefit  of  some  re- 
lations, the  same  being  without 
valuable  consideration,  and  when 
assignor  was  considerably  in 
debt,  and  charges  thereto       31 

PRETENCE  of  illegitimacy  and 
charge  of  marriage  between 
plaintiff's  father  and  mother  33 

-,  &:c.  where  defendants 

claim  under  a  recovery  ib. 

and  charge  in  a  bill 

by  vendors  against  vendees  for 
the  specific  performance  of  an 
agreement  34 

charge  and  inquiry  as 


to  a  release  or  discharge  set  up 
by  defendant?,  and  charging 
fraud  in  obtaining  the  same  ib. 
• ,  charges,   and  inqui- 


ries, in  a  bill  brought  for  the  dis- 
covery of  the  account  upon  which 
a  remittance  was  made,  plaintiff 
claiming  part  of  it  as  a  specific 
remittance  for  him  38 
and  charge  in  a  bill 


for  the  payment  of  an  annuity', 
charged  on  an  estate  lately  pur- 
chased by  defendant,  charging 
him  with  notice  40 

of  mortgage  in  a  bill 

brought  for  sale,  or  mortgage  of 
estates  41 

that    a    legacy    and 


annuity  left  to  plaintiff  were  in 
discharge  of  a  bond,  and  of  her 
dower;  charge  contrary  42 
and     charge    in     a 


bill  by  vendee  against  vendor, 
for  the  specific  performance  of 
an  agreement  43 

and     inquiry   where 


the  attorney-general  is  a  party, 
on  account  of  a  debt  due  to  the 
crown  ^«<?c  43 

PRETENCE,  charge  by  residuary 
legatees  against  executors  for 
selling  the  wrong  stock,  where- 
by they  diminished  their  rever- 
sionary interest  44 

,  charge,  and  inquiry, 

as  to  the  due  execution  of  a  will^ 
in  a  bill  brought  to  establish  a 
will  ib. 

,  charge,  and  prayer, 

in  a  bill  for  redemption  of  pre- 
mises morti^aged  to  defendant  45 

PRETENCES,  charges,  and  in- 
quiry as  to  entries  and  letters  40 

,  charge,  inquiry  and 

prayer,  in  a  bill  against  executors 
for  an  account  of  leaseholds,  and 
household  goods,  &c.  49 

of  right  to  real  estate, 


and  inquiry  thereto',  and  prayer 

50 
PRO  CONFESS O,  decree  of  645 
,  decree  of,  as  to 

some  defendants,  and  the  cause 

heard  as  to  others  646 

PUBLICATION,  bill  to  restrain 

from  printing  288 

,  order  to  enlarge 

588 
, order  to  pas^589 


Q. 

QUAKER,  affidavit  by 
R. 


638 


REAL  estate,  pretence  of,  right  to, 
inquiry  as  to  such  right  50 

estate,  inquiry  as  to  title  to  51 

estate,  inquiry  after  54 

RECEIVER,  bill  for  92 
,  interrogatories  to  ex- 
amine                                      498 

,  order  to  appoint  one 

as  to  several  kinds  of  estates  in 
Ireland  604 

,  decree  for  651 

— — ,    decree  for   the  ap- 
pointment of  656 


XXX 


INDKX. 


RECORD,  copy  ol,  interrogatory 
to  prove  Page  568 

RECOVERY,  pretence  of,         33 

■ ,  inquiry  as  to  the  suf- 
fering one  34 

REDEMPTION,  bill  by  heir-at- 
law  for  158 

REGISTRY,  interrogatory  as  to 

564 

RELATIONSHIP,  interrogatory 
to  prove  492 

RELEASE  or  discharge,  inquiry 
as  to  and  how  the  same  was  ob- 
tained 36 

,  crown  debt  due  to     43 

RENTS  and  profits,  decree  to  ac- 
count for  654 

^,  interrogatories  as  to  the 

receipt  of  614 

REPAIR,  prayer  to  compel       16 

,  to  confirm  as  to  some 

defendants,  and  nisi  as  to  others 

ib. 

,  order  to  confirm  abso- 
lute 590 

REPLICATION,  order  to  dismiss 
a  bill  after  583 

REPORT,  order  to  confirm  upon 
commissioner's  certificate     5o9 

REPRESENTATIVE,  personal, 
bill  of  revivor  in  consequence  of 

345 

REVIEW,  order  to  dismiss  a  bill 
of  review  on  hearing  585 

REVIVE  proceedings,  order  for 

591 

,  order  for  602 

REVIVOR  and  supplemental  bill, 
answer  to  408 


SALE  by  auction,  interrogatory  to 
prove  the  same  being  purchased 
by  an  agent  483 

by  auction,  bill  for  specific 

performance  of  74 

SCANDAL  or  impertinence,  order 
to  refer  a  bill  for  587 

SCHEDULE  of  real  estates  not 
particularly  devised  413 

' of  rents  received  414 


SCHEDULE  of  debjs  to  be  insert- 
ed  in  answer  414 

of  personal  estate  ih. 

SCIRE  FACIAS,  order  for  such 
a  subpoena  595 

SECURITY,  order  to  give  secu- 
rity before  an  answer  shall  be 
put  in  585 

SEQUESTRATION,  order  for, 
against  a  taembei-  of  parliament 

594 

SERJEANT  at  Arms,  order  for 
593  and  594 

SOLICITOR,  interrogatory  as  to 
his  being  employed  in  a  cause 

556 

SOLVENCY  of  a  person,  interro- 
gatory as  to  540 

SPECIFIC  legacy,  bill  for       258 

STATED  accounts,  decree  for  the 
opening  them  fi50 

STATEMENT  that  books  are  in 
the  custody  of  defendant,  and 
inquiry  thereto  16 

STATUTE  of  limitations  insisted 
upon  in  an  answer  389 

of  frauds,  plea  of  440 

of  frauds,  plea  of,  to 

a  parol  agreement  445 

STEWARD,  interrogatories  to 
examine  498 

STOCK,  petition  to  have  it  trans- 
ferred, the  petitioners  having 
attained   their  respective  ages 

4C6 

— > ,  bill  for  the  transfer  of  263 

• in  trade,  interrogatories  as 

to  510 

SUPPLEMENTAL  bill,  conclu- 
sion and  prayer  to  57 

SUPPLICAVIT,  order  for  a  writ 
of  606 

SURVEY  made  of  common  lands 
at  the  expense  of  the  common- 
ers, for  the  purpose  of  inclosing 

561 

SURVEYOR^  interrogatories  as 
to  ib. 


TENDER  of  money,  interrogato- 
ries to  prove  480 


INDEX. 


XXXI 


TENDER  and  refusal  of  money, 
interrogat«ry  to  prove  561) 

TIMBER,  prayer  for  an  account 
of,  and  to  restrain  from  cutting 
more  17 

TITLE  defective,  answer  of  a  de- 
fendant to  a  bill  for  a  specific 
performance  on    that  account 
404 

not  being  good,  a  bill  for  8 1 

deeds  to  be  given  up      92 

to  a  joint  demurrer       419 

to  a  joint  and  several  de- ^ 

murrers,  a  plea  of  some  of  the 
defendants,  and  answers  as  to 
some  of  them  425 

— — — — ,  interrogatory  to  prove 
plaintiff's  488 

TOMB  stones,  inscriptions  upon 
interrogatory  to  prove  490 

TRUST  term,  bill  to  redeem   iGl 

TRUSTEE,  bill  to  remove  one,  he 
refusing  to  act  1 1 8 

,  answer  of,  submit- 
ting to  act  as  the  court  shall  di- 
rect 397' 

TRUSTEES,  prayer  in  a  bill 
against,  for  converting  property 
to  their  own  use  62 

,  bill  to  remove  them, 

and  for  the  appointment  of  new 

116 

,  bill  for  the  appoint- 
ment of  a  new  one,  there  being 
no  power  for  that  purpose  in  the 
deed  117 


U. 


UNDERWRITERS,  bill  by,  for 
a  fraud  practised  against  them 

1:^2 

— ,    bill    by,    a- 

gainst  insurers  and  their  agents 

136 
V. 

VALUABLE  consideration,  joint 
plea  of  -149 

VENDEE,  bill  by,  against  vendor 
for  a  specific  performance       lb 


W. 

WASTE,  injunction-  as  to  IG 

,  inquiry  in  a  bill  to  stay    55 

,  order  for  injunction  to  stay 

673 

• ,  affidavit  of  having  com- 
mitted 638 

WEST  INDIES,  interrogatories 
as  to  an  estate  in  the  512 

WIDOW  to  make  her  election, 
bill  for  104 

WIFE,  bill  by,  against  her  hus- 
band for  a  legacy  left  to  her  sole 
use  278 

WILL,  pretence  that  it  is  not  va- 
lid, that  it  did  not  pass  real  es- 
tates, &c.  20 

obtained  by  fraud  ;  charge 

in  a  bill  to  set  the  same  aside  26 

,  bill  by  executor  to  esta- 
blish the  same,  and  carry  the 
trust  into  execution  101 

,  bill  against  executors  to 

establish  a,  &c.  &c.  104 

— ,  interrogatory  to  prove  a 

search  for  in  the  proper  office 
491 

,  interrogatories   to  prove 

494 

,  interrogatories  to   prove, 

by  all  the  subscribing  witnesses 

41/6 

WITNESS,  order  for  liberty  to 
exhibit  interrogatories  as  to  the 
credit  of  a  j92 

WITNESSES,  bill  to  perpetuate 
the  testimony  of,  with  respect  to 
boundaries  315 

,  bill  to  perpetuate 

their  testimony  517 

,  as  to  a  marriage, 

bill  to  perpetuate  their  tebtiuiony 

318 

,  their  hand-writiug, 

interrogatory  to  prove  i.'^O 

WORDS  of  course  preceding  the 
interroga'.iug  part  nf  a  bill        7 

pieceding  an 

answer  10 

88 


XXXll 


kXDEX. 


WORDS  of  course  in  the  conclud- 
ing part  of  an  answer  10 

preceding    a 

joint  answer  ii 

.. preceding  an 

answer  of  infants  by  their  guar- 
dians ih. 

at  the  conclu- 


sion to  an  answer  of  infants  by 
their  guardian  ih. 

preceding  an 


answer  where  persons  of  full  age 
and  infants  answer  together  ih. 

preceding  ex- 
ceptions to  an  answer,  &zc.      12 

to  an  answer 

after  exceptions  ih. 

preceding  the 


answer  and  examination  put  in 
to  interrogatories  exhibited  by  a 
master  in  chancery  ih 

preceding  ex- 


ceptions to  a  master's  report,  as 
to  the  sufficiency  of  defendant's 
answer  13 


WORDS  of  ceurse,  another  form 
of  exceptions  to  the  master's  re- 
port 14 

■ used  in  the  in- 

rolment  of  a  decree  made  upon 
bill  and  answer,  the  defendant 
making  default  at  the  hearing 
before  the  answer  642 

before  the  or- 
der on  hearing  643 
preceding  the 


order  to  confirm  the  report  nisi 

ih. 
preceding  the 


order  to  confirm  the  report  ab- 
solute ih. 
preceding  the 


order  to  made  the  decree  ab- 
solute 644 

preceding    a 

master's  report  ih. 

WRITINGS,  affidavit  that  they 
are  lost  638 


LAW  BOOKSELLERS, 

Have  removed  their  Store,  from  the  corner  of  Wall  and  Broad- 
streets,  to  the 

CORNER  OF  NASSAU  AND  SPRUCE  STREETS, 

(Opposite  the  City-Hall,) 
NEW-YORK. 

CONTINUE  THEIR  LAW  BOOK  STORE 
AT  No.  94  STATE-STREET,  ALBANY. 


At  either  of  the  above  Stores  may  be  had  the  following 
Law  Books  -. 


with  a  variety  of  othei 


American  Digest,  2  vols. 

Law  Journal,  6  vols. 

Precedents 

Ambler's    Reports 

Andrew's  Reports 

Acton's  Reports  of  Prize  Cases,  Lon.  ed. 

Brown's  Chancery 

Bacon's  Abridj^nient,  7  vols. 

Bosanqiiet  and  Puller's  Reports,  5  vols. 

Bacon's  History  of  Law 

Barton's  Equity 

Barrister 

Bailey's  Index,  3  vols. 

Brit  ton 

Brackenridge's  Law  Miscellanies 

Bm-row's  Reports,  fine  American  ed.  cf. 

Bynkerslioeck's  works,  2  vols.  fol.  com- 
plete 

Blake's  Chancery  Practice 

Boole's  Suit  at  Law 

Baron  and  Feme 

JBinnoy's  Reports,  6  v»ls.  cf. 

Biickus'  Sheriff,  2  vols. 

Beccaria  on  Crimes 

Blackstone's  (Henry)  Reports,  2  v.  8vo, 

(Wm.)do. 

Burn's  Justice,  5  vols. 

Beames'  Translation  by  Glanvil,  Lon.  ed. 

Biirn's  Ecclesiastical  Law,  4  vols.    do. 

Burlamaqiii    on    Natural    and    Political 
Law,  do. 

Barnes'  Notes,  do. 

Blackstone's  Commentaries,  4  vols, 

Boscowen  on  Convictions 

Bond's  Justice 

Coke's  Reports 

Institutes,   abridged 

Campbell's  Nisi  Prius  Reports,  4  vols. 

Cruise's  Digest,  (Real  Property)  5  vols. 

Chitty  on  Bills 


Chitty  on  Pleading,  3  vols, 

Cranch's  Reports,  9  vols. 

Comyn  on  Contracts,  2  vols. 

Comyn's  Reports,  2  vols. 

Caines'  Reports,  (N.  York  term)  3  vols. 

Costs  in  Chancery 

Complete  Justice 

Collectanea  Juridica 

Cooper's  Equity  Pleading 

Comyn's  Digest,  6  vols. 

Collection  of  Interrogatories 

Cowper's  Reports.  2  vols,  sheep 

Chitty  on  Criminal  Law,  4  vols.  Lon.  cd. 

Coke's  Institutes,  complete  in  7  vols.  do. 

Cootes'  Analysis 

Cases  and  Opinions,  2  vols. 

Commercial  Compendium 

Desertationuni  Hebdaraodo,  Lon.ed. 

Dicken's  Reports,  2  vols. 

Donglas'  Reports,  2  vols. 

Day's  Connecticut  Reports,  4  vols. 

Davis'  Reports 

Dah-ymple  on  Property 

Durnford  and  East's  Reports,  8  vols 

Doctor  and  Student 

Dyer's  Report's,  3  vols. 

Dallas's  Reports,  4  vols. 

D'Anvers'  Abridgment 

Digest  of  the  early  Chancery  Reports, 

Lon.  ed. 
Do.         Modern     do.         do.         do. 
Doctrine  of  Demurrers 
Digest  of  Massachusetts  Reports 
Desaussure's  Reports,  3  vols. 
Espinasse's  Nisi  Prius,  2  vols. 
East's  Reports,  complete,  l6  vots. 
Eunomus'  Dialogues 
East's  Crown  Law,  2  vols. 
Eden's  Penal  Lawg 
Fleta 


Fiiiche's  Chancery 

Fearne  on  Remainders,  2  vols. 

Fitzherbert's  Natura  Breviuni,  2  vols. 

Foster's  Crown  Law 

Fonblanqiie  on  Equity 

Gallison's  Reports,  U.  S.  2  vols. 

Graydon's  Digest,  2  vols. 

Heme's  Pleader 

Harrison's  Chancery,  2  vols,  new  ed. 

Harden's  Kentucky  Reports 

Hcnning  and  Munford's  Virg-inia  Repoi'ts, 

4  vols. 
Harris  and  M'Henry's  Marjland  Reports, 

3  vols. 
Hale's  Common  Law 
Holt's  Law  uf  Libel 
Hargrave's  Law  Tracts 
Harf'ress'  Reports 
HuUock's  Law  of  Costs 
Highmore  on  Bail 
Hoffman's  Course  of  Legal  Study 
Instructor  Clericallis,  7  vols. 
Jacobsen's  Sea  Laws 
Johnson's  Chancery  Reports,  3  vols. 
Johnson's  New  York  Reports,  14  vols, 
Jacob's  Law  Dictionary,  6  vols. 
.fenkens  on  Neutrals 
Journals  of  Congress,  8vo)5. 
.Tones'  Reports 
.fustinian's  Institutes 
.lura  Anglonim 
Kyd  on  Awards 
Kelynges  Reports 
Kelham's  Norman  Dictionary 
Lillys  Modern  Entries,  2  vol'. 
Levintz  Entries 
Lawes  on  Pleading 
Law  of  Attachments 
Laws  of  the  U.  S.  revised,  5  vols  new 
Livennore  on  Agents  and  Factors,  2  vols. 
Landlord  and  Tenant 
Law  of  Lien 
Law  of  Carriers 

Laws  of  New-York,  1,  2,  8,  and  4  vols. 
Alunfords  Virginia  Reports,  5  vols. 
Maxwells  Marine  Laws 
Mason's  Reports,  V.  S. 
Mosely's  Reports 
M'N ally's  Evidence 
Modem  Reports,  12  vols. 
Marten's  Law  of  Nations 
Massachusetts  Reports,   14  vols. 
Mitford's  Pleading,  new  edit. 
INlallory's  Entries,  2  vols. 
Montague  on  Sett  off 
Maddocks  Reports  in  Chancery,  2  vols. 
Mallory's  Quare  Impcdit 
Maddocks  Chancery  Practice,  2  vols. 
Newland  on  Contracts 
New-York  Justice 
■Ord  on  ^sury 
Oliver's  Practical  Conveyancer, 


Phillipps'  Evidence,  calf 
''owell  on  Contracts 

Devises 

Mortgages 

Powers 

Pennington's  Reports,  2  vols. 

I'eake's  Evidence,  with  Randall's  Notes 

Plowden's  .Jura  Anglorum 

Pierre  Williams' Reports,  3  vols. 

Plowden's  Reports,  2  vols. 

Pothier  on  Obligations,  by  Evans,  2  vols. 

Parkers'  Reports 

Reeve's  13oinesiic  Relations 

Rol)erts  on  Frauds 

I'raudulent  Conveyancing 

Wills,  new  Lon.  ed. 

Robinson's  Admiralty  Reports,  6  vols. 

Riuinington  on  Ejectment 

Rules   of  the    Supreme,    Mayor's,    and 

Chancery  Courts 
Rutherford's  Institutes,  2  vols, 
Swinburn  on  Wills,  3  vols.  8vo. 
Sergeant  and  Rawle's  Reports,  vol.  1st. 
Saunders'  Reports  by  \Villiams,   3  vols 

8vo. 
Swift's  Evidence 
Sellon's  Practice,  2  vols. 
Spirit  of  Laws,  2  vols. 
Sayer's  Law  of  Costs 
Shower's  Reports,  Lon.  ed.  2  vols. 
Select  Speeches,  by  Chapman,  5  vols, 
Salkeld's  Reports 
Selden  de  Jure  Natural! 
Sugden  on  Powers 

Vendors 

Starkie's  Criminal  Law,  2  vols. 

'J'aunton's  Reports,  6  vols.  8vo. 

Tcrmes  de  la  Ley 

Tidd's  Practice  and  Appendi.t,  3  vols. 

Trumahie's  Pi'e.os  of  tiie  Crown,  2  vols. 

Toller  on  Executors,  newed. 

Turner's  Chancery,   London  ed.  2  vols. 

Tomlin's  Index  to  Crimmal  Law 

Treatise  on  Equity 

Tryes  Jus  Filijiari 

Trials  per  Pais,  2  vols. 

Vescy,  jun.  Reports,  5  vols. 

Vesey  and  Beanie's  Chancery    BeportsV 

3  vols. 
Vernon's  Reports,  3  vols. 
Vaughan's  Reports 
Wentworth's  Pleading,  10  vols. 
W  ilson's  Reports 
Willcs'  Reports 
V\'atson  on  Partnership 
Wyche's  Practice 
Wyatt's  Chancery 
Wood's  Institutes  folio  calf 
Wheaton's  Reports,  3  vols. 
Woodeson's  Lectures,  3  vols. 
Yeates'  Reports,  4  vols. 


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